What Is the Lemon Law in Mississippi for Used Cars

Mississippi's Motor Vehicle Warranty Enforcement Act codified as Mississippi Code § 63-17-151 through § 63-17-165, applies exclusively to new motor vehicles purchased or leased in Mississippi for personal, family, or household use. Used vehicles are not covered by this law.

For covered vehicles, if nonconformities substantially impair use, market value, or safety and cannot be repaired after a reasonable number of attempts during the express warranty term or within one year of original delivery (whichever expires first), the manufacturer must replace the vehicle or refund the purchase price less a reasonable allowance for use. A reasonable number of attempts is presumed after three or more repair attempts for the same defect or when the vehicle is out of service for fifteen or more working days. The reasonable use allowance for refunds is calculated at twenty cents per mile driven.

What Protections Do Used Car Buyers Have in Mississippi?

Federal protections apply to all used car sales in Mississippi.

Magnuson-Moss Warranty Act

The Magnuson-Moss Warranty Act provides federal remedies when dealers or manufacturers breach written warranty terms. This statute applies to written warranties, implied warranties of merchantability and fitness, and service contract obligations. Buyers may recover damages, vehicle replacement, refunds, and attorney fees when warranty obligations are not honored.

FTC Used Car Rule

The FTC Used Car Rule mandates that dealers display a Buyer's Guide on each used vehicle offered for sale. The guide must disclose warranty coverage or "as is" status, identify covered systems and warranty duration, specify repair cost division between dealer and buyer, and recommend independent pre-purchase inspections.

Understanding "As Is" Sales in Mississippi

Mississippi permits dealers to sell used vehicles "as is," but the disclaimer must comply with statutory requirements to effectively waive implied warranties. A valid "as is" disclaimer requires written language that is conspicuous and specifically mentions merchantability. Oral statements or inconspicuous fine print may not adequately disclaim implied warranty protection.

What "As Is" Means for Buyers

When a buyer accepts an "as is" purchase, the buyer assumes the risk of defects not explicitly disclosed by the dealer. The vehicle is sold in its current condition without dealer obligations to make repairs after delivery. Buyers cannot later claim breach of implied warranty for defects that existed at the time of sale if the disclaimer was properly executed.

Limited Dealer Disclosure Requirements

Despite "as is" language, Mississippi dealers must comply with certain disclosure requirements. Odometer statements remain mandatory for all vehicle transfers, and dealers cannot use "as is" provisions to avoid liability for odometer fraud. Salvage or rebuilt title status must be disclosed through proper title documentation. Frame damage, flood damage, or other material facts known to the dealer may require disclosure depending on the circumstances.

Limited Exceptions to "As Is" Protection

Several exceptions limit the effectiveness of "as is" disclaimers. Fraud or intentional misrepresentation by the dealer voids "as is" protection—if a dealer actively conceals defects or makes false statements about the vehicle's condition or history, the buyer retains remedies despite "as is" language. Express warranties created by the dealer's specific promises survive an "as is" clause; if the dealer provides written or oral assurances about particular aspects of the vehicle, those commitments remain enforceable. Violations of Mississippi's consumer protection statutes, including unfair or deceptive trade practices under Chapter 24 of Title 75, cannot be waived through "as is" provisions.

Filing a Consumer Complaint

Mississippi Office of the Attorney General
Consumer Protection Division
550 High Street, Jackson, MS 39201
Phone: (601) 359-3680
Official Website: Consumer Protection Division