Lemon Law Demand Letter — Mississippi

MISSISSIPPI MOTOR VEHICLE WARRANTY ENFORCEMENT ACT NOTICE AND DEMAND

Send by a method that provides reliable proof of delivery.

Date: [__/__/____]

To Manufacturer
[Manufacturer Legal Name]
Attn: [Customer Relations / Regional Service Office / Legal Department]
[Address]
[City, State ZIP]

Copy to Selling or Servicing Dealer, if appropriate
[Dealer Name]
[Address]
[City, Mississippi ZIP]

Re: Written repair notice under Miss. Code Ann. § 63-17-159(5)

Dear Sir or Madam:

I represent [________________________________] concerning the vehicle identified above. This letter gives the manufacturer written notice of the need to repair the warranty nonconformity described below and requests the final repair opportunity required by Miss. Code Ann. § 63-17-159(5).

1. COVERAGE INFORMATION

The Consumer acquired the vehicle other than for resale and primarily for personal, family, or household purposes and is entitled to enforce the manufacturer's express warranty. See Miss. Code Ann. § 63-17-155(c)-(d).

The vehicle was sold in Mississippi, is operated over public streets and highways, and is used to transport persons or property. It is not a track-only vehicle, off-road vehicle, motorcycle, moped, electric bicycle, personal delivery device, electric personal assistive mobility device, golf cart, low-speed vehicle, or an excluded motor-home component. See Miss. Code Ann. § 63-17-155(f).

☐ Demonstrator covered by a manufacturer's warranty issued as a condition of sale
☐ Lease-purchase vehicle covered by a manufacturer's warranty issued as a condition of sale
☐ Vehicle transferred to the Consumer for personal, family, or household use during the express-warranty term
☐ Other coverage basis: [________________________________]

2. EXPRESS WARRANTY AND TIMELY REPORT

The nonconformity was reported during the express-warranty term or within one year after original delivery, whichever period expired earlier. The manufacturer or its agent therefore must make the repairs necessary to conform the vehicle to the express warranty, even if the repair occurs after that reporting period. Miss. Code Ann. § 63-17-157.

3. NONCONFORMITY

Describe each default or condition and how it impairs use, market value, or safety:

1. [________________________________]
2. [________________________________]
3. [________________________________]

The condition is not the result of consumer abuse, neglect, or unauthorized modification or alteration.

4. REPAIR HISTORY

The statutory presumption in Miss. Code Ann. § 63-17-159(3) applies because:

☐ Substantially the same nonconformity has been subject to repair three or more times and continues to exist.
☐ The vehicle has been out of service because of repair of the nonconformity for at least fifteen cumulative working days, excluding routine-maintenance downtime.
☐ Both grounds apply.
☐ The Consumer relies on other facts showing a reasonable number of repair attempts: [________________________________]

Any period during which repair services were unavailable for conditions beyond the manufacturer's or agent's control has been handled as follows: [not applicable / calculation].

5. FINAL REPAIR OPPORTUNITY

Under Miss. Code Ann. § 63-17-159(5), please immediately identify a reasonably accessible repair facility authorized to perform the final repair. After the Consumer delivers the vehicle to that designated facility, the manufacturer has ten working days to conform the vehicle to the express warranty.

Please send the facility designation and delivery instructions to:

[Name]
[Mailing Address]
[Email]
[Telephone]

The Consumer will make the vehicle reasonably available after receiving the designation.

6. INFORMAL DISPUTE SETTLEMENT

Please state whether the manufacturer has established an informal dispute settlement procedure that complies in all respects with 16 C.F.R. Part 703. If so, provide the complete procedure and filing instructions.

Under Miss. Code Ann. § 63-17-163, the refund-or-replacement provisions do not apply to a consumer who has not first resorted to such a qualifying procedure. Under § 63-17-159(5), however, if the manufacturer fails to notify the Consumer of the procedure's availability, § 63-17-163 does not apply.

Current status:

☐ No qualifying procedure has been identified.
☐ The manufacturer identified a qualifying procedure, and the Consumer will first resort to it.
☐ The Consumer completed the procedure; final action occurred on [__/__/____].
☐ The manufacturer previously failed to notify the Consumer of an available procedure.

If a later private action relies on Title 75, Chapter 24, counsel should separately document the reasonable attempt through an informal dispute settlement program approved by the Mississippi Attorney General required by Miss. Code Ann. § 75-24-15(2).

7. ELECTION OF REMEDY IF THE VEHICLE IS NOT CONFORMED

If the manufacturer cannot conform the vehicle after a reasonable number of attempts and does not conform it during the final repair opportunity, the Consumer elects:

☐ Refund. Take title to the vehicle and refund the full purchase price and all reasonably incurred collateral charges, less $0.20 for each mile driven by the Consumer.
☐ Replacement. Provide an identical or reasonably equivalent vehicle acceptable to the Consumer, subject to the same $0.20-per-mile use allowance.
☐ Election will be made after completion of the final repair opportunity or qualifying informal procedure.

Miss. Code Ann. §§ 63-17-155(a)-(b), 63-17-159(1).

Refund worksheet

Refund must be made to the Consumer and any lienholder of record as their interests appear.

8. RESPONSE AND RECORD PRESERVATION

Please promptly provide:

1. The designated final-repair facility and delivery instructions;
2. Any qualifying informal dispute settlement procedure and filing instructions;
3. The manufacturer's position on coverage and the repair history; and
4. If the final repair fails, the proposed implementation of the elected statutory remedy.

Please preserve the vehicle-specific warranty file, repair orders, diagnostic data, communications, technical service materials, and records used to evaluate this claim.

9. LIMITATIONS WARNING

Miss. Code Ann. § 63-17-159(6) requires an action under the Act to be commenced within the earlier of one year after expiration of the express-warranty terms or eighteen months after original delivery. If the Consumer resorts to an informal dispute settlement procedure, the statute provides a ninety-day period following the panel's final action. Counsel must calculate and calendar the applicable deadline independently; sending this notice does not state that a deadline is extended.

Respectfully,

[LAW FIRM OR CONSUMER NAME]

By: [________________________________]
[Name and title]
[Address]
[Telephone]
[Email]

ENCLOSURES

• ☐ Purchase or covered-transfer document
• ☐ Express warranty
• ☐ Repair orders and invoices
• ☐ Out-of-service-day calculation
• ☐ Photographs, video, or diagnostic records
• ☐ Towing, rental, title, and other collateral-charge receipts
• ☐ Prior correspondence and proof of delivery

SOURCES AND REFERENCES

• Mississippi Motor Vehicle Commission — Motor Vehicle Warranty Enforcement Act (official 2019 compilation)
• Mississippi Legislature — 2021 H.B. 1195 signed text (electric-bicycle amendment)
• Mississippi Legislature — 2022 S.B. 2508 signed text (personal-delivery-device amendment)
• Mississippi Legislature — 2026 S.B. 2391 introduced text reproducing current § 63-17-155; bill died in committee
• Mississippi Legislature — 2026 S.B. 2669 introduced text reproducing current § 75-24-15; bill died in committee