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 purpose.
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
As used in Sections 63-17-151 through 63-17-165, the following terms shall
have the following meanings:
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
(b) "Comparable motor
vehicle" means an identical or reasonably equivalent motor vehicle.
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.
(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
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
Sources: Laws, 1985, ch. 336, § 3; Laws,
2003, ch. 485, § 12, eff from and after July 1, 2003
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 period.
Sources: Laws, 1985, ch. 336, § 4, eff from
and after July 1, 1985.
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
(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 appear.
(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
(c) A claim by a consumer was not filed in
good faith; or
(d) Any other affirmative defense allowed by
(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
Sources: Laws, 1985, ch. 336, § 5, eff from
and after July 1, 1985.
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.
Necessity for resort to informal dispute settlement procedure.
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
Sources: Laws, 1985, ch. 336, § 7, eff from
and after July 1, 1985.
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
Sources: Laws, 1985, ch. 336, § 8, eff from
and after July 1, 1985.