SEC. 63-17-151. Short title.
Sections 63-17-151 et seq. shall be known and may be cited as the
"Motor Vehicle Warranty Enforcement Act".
Sources: Laws, 1985, ch. 336, § 1, eff from and after July 1, 1985.
SEC. 63-17-153. Legislative findings and declaration of
The Legislature recognizes that a motor vehicle is a major consumer
purchase and that a defective motor vehicle creates a hardship for the
consumer. The Legislature further recognizes that a duly franchised
motor vehicle dealer is an agent of the manufacturer. It is the intent
of the Legislature that a good faith motor vehicle warranty complaint
by a consumer should be resolved by the manufacturer, or its agent,
within a specified period of time. It is further the intent of the
Legislature to provide the statutory procedures whereby a consumer may
receive a replacement motor vehicle, or a full refund, for a motor
vehicle which cannot be brought into conformity with the express
warranty issued by the manufacturer. However, nothing in Sections
63-17-151 et seq. shall in any way limit the rights or remedies which
are otherwise available to a consumer under any other law.
Sources: Laws, 1985, ch. 336, § 2, eff from and after July 1, 1985
SEC. 63-17-155. Definitions.
As used in Sections 63-17-151 through 63-17-165, the following
terms shall have the following meanings:
(a) "Collateral charges" means those additional charges to a
consumer which are not directly attributable to the manufacturer's
suggested retail price label for the motor vehicle. Collateral charges
shall include, but not be limited to, dealer preparation charges,
undercoating charges, transportation charges, towing charges,
replacement car rental costs and title charges.
(b) "Comparable motor vehicle" means an identical or reasonably
equivalent motor vehicle.
(c) "Consumer" means the purchaser, other than for purposes of
resale, of a motor vehicle, primarily used for personal, family, or
household purposes, and any person to whom such motor vehicle is
transferred for the same purposes during the duration of an express
warranty applicable to such motor vehicle, and any other person
entitled by the terms of such warranty to enforce the obligations of
(d) "Express warranty" means any written affirmation of fact or
promise made in connection with the sale of a motor vehicle by a
supplier to a consumer which relates to the nature of the material or
workmanship and affirms or promises that such material or workmanship
is defect-free or will meet a specified level of performance over a
specified period of time. For the purposes of Section 63-17-151 et
seq., express warranties do not include implied warranties.
(e) "Manufacturer" means a manufacturer or distributor as defined
in Section 63-17-55.
(f) "Motor vehicle" means a vehicle propelled by power other than
muscular power which is sold in this state, is operated over the
public streets and highways of this state and is used as a means of
transporting persons or property, but shall not include vehicles run
only upon tracks, off-road vehicles, motorcycles, mopeds, electric
personal assistive mobility devices as defined in Section 63-3-103 or
parts and components of a motor home which were added on and/or
assembled by the manufacturer of the motor home. "Motor vehicle" shall
include demonstrators or lease-purchase vehicles as long as a
manufacturer's warranty was issued as a condition of sale.
(g) "Purchase price" means the price which the consumer paid to the
manufacturer to purchase the motor vehicle in a cash sale or, if the
motor vehicle is purchased in a retail installment transaction, the
cash sale price as defined in Section 63-19-3.
Sources: Laws, 1985, ch. 336, § 3; Laws, 2003, ch. 485, § 12, eff
from and after July 1, 2003
SEC. 63-17-157. Repair of nonconforming vehicle.
For the purposes of Sections 63-17-151 et seq., if a new motor
vehicle does not conform to all applicable express warranties, and the
consumer reports the nonconformity to the manufacturer or its agent
during the term of such express warranties or during the period of one
(1) year following the date of original delivery of the motor vehicle
to the consumer, whichever period expires earlier, the manufacturer or
its agent shall make such repairs as are necessary to conform the
vehicle to such express warranties, notwithstanding the fact that such
repairs are made after the expiration of such term or such one-year
Sources: Laws, 1985, ch. 336, § 4, eff from and after July 1, 1985.
SEC. 63-17-159. Replacement of vehicle or refund of purchase
price where nonconformity cannot be corrected; affirmative defenses;
presumption of reasonable attempts to conform vehicle to warranties;
extension of warranties; notice requirements relating to repair of
nonconformity; civil actions.
(1) If the manufacturer or its agent cannot conform the motor
vehicle to any applicable express warranty by repairing or correcting
any default or condition which impairs the use, market value, or
safety of the motor vehicle to the consumer after a reasonable number
of attempts, the manufacturer shall give the consumer the option of
having the manufacturer either replace the motor vehicle with a
comparable motor vehicle acceptable to the consumer, or take title of
the vehicle from the consumer and refund to the consumer the full
purchase price, including all reasonably incurred collateral charges,
less a reasonable allowance for the consumer's use of the vehicle. The
subtraction of a reasonable allowance for use shall apply when either
a replacement or refund of the motor vehicle occurs. A reasonable
allowance for use shall be that sum of money arrived at by multiplying
the number of miles the motor vehicle has been driven by the consumer
by Twenty Cents (20cents) per mile. Refunds shall be made to the
consumer and lienholder of record, if any, as their interests may
(2) It shall be an affirmative defense to any claim under Sections
63-17-151 et seq. that:
(a) An alleged nonconformity does not impair the use, market value
or safety of the motor vehicle;
(b) A nonconformity is the result of abuse, neglect or unauthorized
modifications or alterations of a motor vehicle by a consumer;
(c) A claim by a consumer was not filed in good faith; or
(d) Any other affirmative defense allowed by law.
(3) It shall be presumed that a reasonable number of attempts have
been undertaken to conform a motor vehicle to the applicable express
warranties if within the terms, conditions or limitations of the
express warranty, or during the period of one (1) year following the
date of original delivery of the motor vehicle to a consumer,
whichever expires earlier, either:
(a) Substantially the same nonconformity has been subject to repair
three (3) or more times by the manufacturer or its agent and such
nonconformity continues to exist; or
(b) The vehicle is out of service by reason of repair of the
nonconformity by the manufacturer or its agent for a cumulative total
of fifteen (15) or more working days, exclusive of downtime for
routine maintenance as prescribed by the owner's manual, since the
delivery of the vehicle to the consumer. The fifteen-day period may be
extended by any period of time during which repair services are not
available to the consumer because of conditions beyond the control of
the manufacturer or its agent.
(4) The terms, conditions or limitations of the express warranty,
or the period of one (1) year following the date of original delivery
of the motor vehicle to a consumer, whichever expires earlier, may be
extended if the motor vehicle warranty problem has been reported but
has not been repaired by the manufacturer or its agent by the
expiration of the applicable time period.
(5) The manufacturer shall provide a list of the manufacturer's
zone or regional service office addresses in the owner's manual
provided with the motor vehicle. It shall be the responsibility of the
consumer or his representative, prior to availing himself of the
provisions of this section, to give written notification to the
manufacturer of the need for the repair of the nonconformity, in order
to allow the manufacturer an opportunity to cure the alleged defect.
The manufacturer shall immediately notify the consumer of a reasonably
accessible repair facility to conform the vehicle to the express
warranty. After delivery of the vehicle to the designated repair
facility by the consumer, the manufacturer shall have ten (10) working
days to conform the motor vehicle to the express warranty. Upon
notification from the consumer that the vehicle has not been conformed
to the express warranty, the manufacturer shall inform the consumer if
an informal dispute settlement procedure has been established by the
manufacturer in accordance with Section 63-17-163, and provide the
consumer with a copy of the provisions of Sections 63-17-151 et seq.
However, if prior notice by the manufacturer of an informal dispute
settlement procedure has been given, no further notice is required. If
the manufacturer fails to notify the consumer of the availability of
this informal dispute settlement procedure, the requirements of
Section 63-17-163 shall not apply.
(6) Any action brought under Sections 63-17-151 et seq. shall be
commenced within one (1) year following expiration of the terms,
conditions or limitations of the express warranty, or within eighteen
(18) months following the date of original delivery of the motor
vehicle to a consumer, whichever is earlier, or, if a consumer resorts
to an informal dispute settlement procedure as provided in Sections
63-17-151 et seq., within ninety (90) days following the final action
of the panel.
(7) If a consumer finally prevails in any action brought under
Sections 63-17-151 et seq., the court may allow him to recover as part
of the judgment a sum equal to the aggregate amount of costs and
expenses, including attorney's fees based on actual time expended,
determined by the court to have been reasonably incurred by the
plaintiff for or in connection with the commencement and prosecution
of such action.
Sources: Laws, 1985, ch. 336, § 5, eff from and after July 1, 1985.
SEC. 63-17-161. Liability of consumer for bad faith claims.
Any claim by a consumer which is found by the court to have been
filed in bad faith, or solely for the purpose of harassment, or in
complete absence of a justiciable issue of either law or fact raised
by the consumer, shall result in the consumer being liable for all
court costs incurred by the manufacturer or its agent as a direct
result of the bad faith claim.
Sources: Laws, 1985, ch. 336, § 6, eff from and after July 1, 1985.
SEC. 63-17-163. Necessity for resort to informal dispute
If a manufacturer has established an informal dispute settlement
procedure which complies in all respects with the provisions of 16
C.F.R., Part 703, the provisions of Section 67-17-159 concerning
refunds or replacements shall not apply to any consumer who has not
first resorted to such procedure.
Sources: Laws, 1985, ch. 336, § 7, eff from and after July 1, 1985.
SEC. 63-17-165. Remedies for violations.
Any violation of Sections 63-17-151 et seq. shall be subject to the
rights and remedies as provided for by Chapter 24, Title 75,
Mississippi Code of 1972.
Sources: Laws, 1985, ch. 336, § 8, eff from and after July 1, 1985.