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".
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
63-17-153
et seq.
shall in
any way
limit
the
rights
or
remedies
which
are
otherwise
available
to a
consumer
under
any
other
law.
63-17-155
Definitions.
As
used in
Sections
63-17-151
et seq.
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.
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
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 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
Sections
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,
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.
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
period.
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
(20
per
mile.
Refunds
shall
be
made
to the
consumer
and
lien
holder
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 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.
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
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.
63-17-163
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
63-17-159
concerning
refunds
or
replacements
shall
not
apply to
any
consumer
who has
not
first
resorted
to such
procedure.
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.
