| 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.
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