63-17-151 et seq. shall be known and may be cited as the
"Motor Vehicle Warranty Enforcement Act".
Legislative findings and declaration of purpose.
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 63-17-153 et seq. shall in any way limit the rights or
remedies which are otherwise available to a consumer under any
used in Sections 63-17-151 et seq. the following terms shall
have the following meanings:
"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. For the purposes of Sections 63-17-151 et seq.
collateral charges shall include, but not be limited to, dealer
preparation charges, undercoating charges, transportation
charges, towing charges, replacement car rental costs and title
"Comparable motor vehicle" means an identical or
reasonably equivalent motor vehicle.
"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 the warranty.
"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 Sections 63-17-151 et seq. express warranties do not
include implied warranties.
"Manufacturer" means a manufacturer or distributor as
defined in Section 63-17-55.
"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, 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.
"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
Repair of nonconforming vehicle.
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 period.
Replacement of vehicle or refund of purchase price.
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.
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 (20 per mile. Refunds
shall be made to the consumer and lien holder of record, if any,
as their interests may appear.
It shall be an affirmative defense to any claim under Sections
63-17-151 et seq. that:
An alleged nonconformity does not impair the use, market value
or safety of the motor vehicle;
A nonconformity is the result of abuse, neglect or unauthorized
modifications or alterations of a motor vehicle by a consumer;
A claim by a consumer was not filed in good faith; or
Any other affirmative defense allowed by law.
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:
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
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
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.
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.
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.
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.
Liability of consumer for bad faith claims.
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 justifiable 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.
Necessity for resort to informal dispute settlement procedure.
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 63-17-159
concerning refunds or replacements shall not apply to any
consumer who has not first resorted to such procedure.
Remedies for violations.
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.