reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 17 - MANUFACTURE, SALES AND DISTRIBUTION (§§ 63-17-1 — 63-17-221) › DISTRIBUTION AND SALES (§§ 63-17-51 — 63-17-119) › Section 63-17-77 - License fees; expiration dates

All applications for license or licenses shall be accompanied by the appropriate fee or fees therefor in accordance with the schedule thereof hereinafter set out. In the event any application is denied and the license applied for is not issued, the entire license fee shall be returned to the applicant.
The schedule of license fees to be charged and received by the commission for the licenses issued shall be as follows:
(1)
For each manufacturer, distributor, wholesaler, factory branch and division or distributor branch and division, and wholesaler branch and division, four hundred dollars ($400.00).
(2)
For each motor vehicle dealer, factory representative, distributor representative and wholesaler representative, one hundred dollars ($100.00).
(3)
For each motor vehicle salesman, ten dollars ($10.00).
Any person, firm or corporation required to be licensed, who fails to make application for such license at the time required, shall, in addition to the aforesaid fees, pay interest at the rate of six percent (6%) per annum for the period of time during which he shall operate without a proper license, and in addition thereto, shall pay a penalty of fifty percent (50%) of the amount of the license fee. Said penalty, however, may be waived in whole or in part within the discretion of the commission.
All licenses shall expire on the thirty-first day of December following the date of issue.
Codes, 1942, § 8071.7-05; Laws, 1970, ch. 478, § 5; Laws, 1982, ch. 326; reenacted, Laws, 1983, ch. 344, § 14; reenacted without change, Laws, 1991, ch. 305, § 14, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 17 - MANUFACTURE, SALES AND DISTRIBUTION (§§ 63-17-1 — 63-17-221) › DISTRIBUTION AND SALES (§§ 63-17-51 — 63-17-119) › Section 63-17-79 - Specification of location of business; effect of change of location

The license issued to each motor vehicle dealer, manufacturer, distributor, wholesaler, factory branch or division, distributor branch or division, or wholesaler branch or division, shall specify the location of the factory, office, branch or division thereof. In case such location is changed, the commission shall endorse the change of location on the license without charge if it be within the same county. A change of location to another county shall require a new license.
Codes, 1942, § 8071.7-05; Laws, 1970, ch. 478, § 5; reenacted without change, Laws, 1983, ch. 344, § 15; Laws, 1991, ch. 305, § 15, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 17 - MANUFACTURE, SALES AND DISTRIBUTION (§§ 63-17-1 — 63-17-221) › DISTRIBUTION AND SALES (§§ 63-17-51 — 63-17-119) › Section 63-17-80 - Motor vehicle lessors required to be licensed

It is unlawful for a motor vehicle lessor or any agent, employee or representative thereof:
(a)
to represent and to offer for lease any new motor vehicle in Mississippi without first obtaining a new motor vehicle dealer license, or
(b)
to lease or offer to lease a new motor vehicle from an unlicensed location.
Laws, 2000, ch. 418, § 1, eff. 7/1/2000.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 17 - MANUFACTURE, SALES AND DISTRIBUTION (§§ 63-17-1 — 63-17-221) › DISTRIBUTION AND SALES (§§ 63-17-51 — 63-17-119) › Section 63-17-83 - License of factory representative or distributor representative

Every motor vehicle factory representative or distributor representative shall have his license upon his person when engaged in his business, and shall display the same upon request. The name of the employer of such factory representative or distributor representative shall be stated on said license. In case of a change of employer, the holder of such license shall immediately mail same to the commission for its endorsement of such change thereon. A fee of two dollars and fifty cents ($2.50) shall be charged by the commission for endorsing each such change of employer on said licenses, and said fee shall accompany the application for change.
Codes, 1942, § 8071.7-05; Laws, 1970, ch. 478, § 5; reenacted without change, Laws, 1983, ch. 344, § 17; reenacted without change, Laws, 1991, ch. 305, § 17, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 17 - MANUFACTURE, SALES AND DISTRIBUTION (§§ 63-17-1 — 63-17-221) › DISTRIBUTION AND SALES (§§ 63-17-51 — 63-17-119) › Section 63-17-87 - Limited revocation or suspension of license

The revocation or suspension of the license of a manufacturer, factory branch or division, distributor, distributor branch or division, wholesaler, or wholesaler branch or division may be limited to:
(a)
One or more municipalities or counties.
(b)
The sales area of any dealer whose franchise is unfairly cancelled or terminated within the purview of the Mississippi Motor Vehicle Commission Law, or whose franchise is not renewed in violation of the provisions of said law. However, where such a franchise is unfairly cancelled or terminated within the purview of said law or is not renewed in violation of the provisions of said law in a metropolitan area serviced by several motor vehicle dealers handling the same motor vehicles, the revocation or suspension shall not be applicable to the remaining motor vehicle dealers in such metropolitan area.
Codes, 1942, § 8071.7-06; Laws, 1970, ch. 478, § 6; reenacted without change, Laws, 1983, ch. 344, § 19; reenacted without change, Laws, 1991, ch. 305, § 19, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 17 - MANUFACTURE, SALES AND DISTRIBUTION (§§ 63-17-1 — 63-17-221) › DISTRIBUTION AND SALES (§§ 63-17-51 — 63-17-119) › Section 63-17-89 - Hearings; prerequisite to denial, revocation or suspension of license

The commission shall not:
1.
Deny an application for a license without first giving the applicant a hearing, or an opportunity to be heard, on the question of whether he is qualified under the provisions of the Mississippi Motor Vehicle Commission Law to receive the license applied for.
2.
Revoke or suspend a license without first giving the licensee a hearing, or an opportunity to be heard, on the question of whether there are sufficient grounds under the provisions of said law upon which to base such revocation or suspension.
Codes, 1942, § 8071.7-07; Laws, 1970, ch. 478, § 7; reenacted without change, Laws, 1983, ch. 344, § 20; reenacted without change, Laws, 1991, ch. 305, § 20, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 17 - MANUFACTURE, SALES AND DISTRIBUTION (§§ 63-17-1 — 63-17-221) › DISTRIBUTION AND SALES (§§ 63-17-51 — 63-17-119) › Section 63-17-91 - Hearings; calling of hearing

(1)
Any interested party shall have the right to have the commission call a hearing for the purpose of taking action in respect to any matter within the commission's jurisdiction by filing with the commission a verified complaint setting forth the grounds upon which the complaint is based.
(2)
The commission may on its own motion call a hearing for the purpose of taking action in respect to any matter within its jurisdiction.
Codes, 1942, § 8071.7-07; Laws, 1970, ch. 478, § 7; reenacted without change, Laws, 1983, ch. 344, § 21; reenacted without change, Laws, 1991, ch. 305, § 21, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 17 - MANUFACTURE, SALES AND DISTRIBUTION (§§ 63-17-1 — 63-17-221) › DISTRIBUTION AND SALES (§§ 63-17-51 — 63-17-119) › Section 63-17-93 - Hearings; notice; location; effect of failure to appear

(1)
When a hearing is to be held before the commission, the commission shall give written notice thereof to all parties whose rights may be affected thereby. The notice shall set forth the reason for the hearing and the questions or issues to be decided by the commission at such hearing and the time when and the place where the hearing will be held. All such notices shall be mailed to all parties whose rights may be affected by such hearing by registered or certified mail, and addressed to their last known address. Any such hearing shall be held in the county where the principal office of the commission is located.
(2)
If any party who is notified of a hearing in accordance with the requirements of this section fails to appear at such hearing, either in person or by counsel, then and in that event the commission may make any decision and take any action it may deem necessary or appropriate with respect to any issue or question scheduled for hearing and decision by it at such hearing which affects or may affect the rights of such defaulting party.
Codes, 1942, § 8071.7-07; Laws, 1970, ch. 478, § 7; reenacted without change, Laws, 1983, ch. 344, § 22; reenacted without change, Laws, 1991, ch. 305, § 22; Laws, 1994, ch. 399, § 9, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 17 - MANUFACTURE, SALES AND DISTRIBUTION (§§ 63-17-1 — 63-17-221) › DISTRIBUTION AND SALES (§§ 63-17-51 — 63-17-119) › Section 63-17-95 - Hearings; conduct; decisions

(1)
All parties whose rights may be affected at any hearing before the commission shall have the right to appear personally and by counsel, to cross-examine witnesses appearing against them, and to produce evidence and witnesses in their own behalf. The commission shall make and keep a record of each such hearing and shall provide a transcript thereof to any interested party upon his request and at his expense. Testimony taken at all such hearings shall be taken either stenographically or by machine.
(2)
Witnesses who testify at any hearing before the commission shall testify under oath. The form of the oath or affirmation shall be in the form or to the effect following: "You do solemnly swear (or affirm) that the evidence you shall give as a witness at this hearing shall be the truth, the whole truth, and nothing but the truth; so help you God."
(3)
Any member of the commission may administer oaths or affirmations to witnesses testifying before the commission.
(4)
The commission shall prescribe its rules of order or procedure in hearings or other proceedings before it. However, such rules of order or procedure shall not be in conflict or contrary to the provisions of law governing hearings before the commission, and appeals therefrom.
(5)
All decisions of the commission with respect to the hearings shall be incorporated into orders of the commission and spread upon its minutes.
(6)
The commission may apply to the chancery court of the county or to the chancery court of the judicial district of the county, or to any chancellor of any such court in vacation, to which its order is appealable under the provisions of Section
63-17-99
for the enforcement of such order by injunction.
Codes, 1942, § 8071.7-07, Laws, 1970, ch. 478, § 7; Laws, 1977, ch. 411, § 3; reenacted, Laws, 1983, ch. 344, § 23; reenacted without change, Laws, 1991, ch. 305, § 23, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 17 - MANUFACTURE, SALES AND DISTRIBUTION (§§ 63-17-1 — 63-17-221) › DISTRIBUTION AND SALES (§§ 63-17-51 — 63-17-119) › Section 63-17-97 - Execution and enforcement of summons, citation or subpoena

It shall be the duty of the sheriffs and constables of the counties of this state and of any employee of the commission, when so directed by the commission, to execute any summons, citation or subpoena which the commission may cause to be issued and to make return thereof to the commission. The sheriffs and constables so serving and returning same shall be paid for so doing the fees provided for such services in the circuit court. Any person who appears before the commission or a duly designated employee thereof in response to a summons, citation or subpoena shall be paid the same witness fee and mileage allowance as witnesses in the circuit court.
In case of failure or refusal on the part of any person to comply with any summons, citation or subpoena issued and served as above authorized or in the case of the refusal of any person to be sworn or affirmed as a witness, or testify or answer to any matter regarding which he may be lawfully interrogated as a witness, or the refusal of any person to produce his record books and accounts relating to any matter regarding which he may be lawfully interrogated as a witness, the chancery court of any county of the State of Mississippi, or any chancellor of any such court in vacation, may, on application of the commission or of the executive director thereof, issue an attachment for such person and compel him to comply with such summons, citation or subpoena and to attend before the commission or its designated employee and to produce the documents specified in any subpoena duces tecum and to be sworn or affirmed as a witness or to give his testimony upon such matters as he may be lawfully required. Any such chancery court, or any chancellor of any such court in vacation, shall have the power to punish for contempt as in case of disobedience of like process issued from or by any such chancery court, or as in case of refusal to be sworn or affirmed as a witness, or as in case of refusal to testify as a witness therein in response to such process, and such person shall be taxed with the costs of such proceedings.
Codes, 1942, § 8071.7-07; Laws, 1970, ch. 478, § 7; Laws, 1977, ch. 411, § 4; reenacted, Laws, 1983, ch. 344, § 24; reenacted without change, Laws, 1991, ch. 305, § 24, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 17 - MANUFACTURE, SALES AND DISTRIBUTION (§§ 63-17-1 — 63-17-221) › DISTRIBUTION AND SALES (§§ 63-17-51 — 63-17-119) › Section 63-17-101 - Recovery of damages and attorney fees by licensee

Any licensee suffering pecuniary loss because of any willful failure by any other licensee to comply with any provision of the Mississippi Motor Vehicle Commission Law or with any rule or regulation promulgated by the commission under authority vested in it by said law may recover reasonable damages and attorney fees therefor in any court of competent jurisdiction.
Codes, 1942, § 8071.7-09; Laws, 1970, ch. 478, § 9; reenacted without change, Laws, 1983, ch. 344, § 26; reenacted without change, Laws, 1991, ch. 305, § 26, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 17 - MANUFACTURE, SALES AND DISTRIBUTION (§§ 63-17-1 — 63-17-221) › DISTRIBUTION AND SALES (§§ 63-17-51 — 63-17-119) › Section 63-17-103 - Restrictions on right to advertise motor vehicle as new; enforcement of restriction

(1)
Nothing in the Mississippi Motor Vehicle Commission Law shall be construed to prohibit the sale of a new motor vehicle by any person who is not required to be licensed under said law. However, only a motor vehicle dealer as defined in Section
63-17-55
shall have the right to advertise or represent, publicly or otherwise, that a motor vehicle is new in connection with its sale, exchange or other disposition. Any person who is not such a motor vehicle dealer and who advertises or represents that a motor vehicle is new in connection with its sale, exchange or other disposition shall be guilty of a misdemeanor and upon conviction shall be punished in the manner provided for by Section
63-17-105
. However, nothing in this section shall apply to (a) any lease by a motor vehicle manufacturer operating a project as defined in Section
57-75-5(f)(iv)1
or Section
57-75-5(f)(xxi)
of three (3) or fewer motor vehicles at any one time and related vehicle maintenance, of any line of vehicle produced by the manufacturer or its subsidiaries, to any one (1) employee of the motor vehicle manufacturer on a direct basis, or any sale or other disposition of such motor vehicles by the motor vehicle manufacturer at the end of a lease through direct sales to employees of the manufacturer or through an open auction or auction limited to dealers of the manufacturer's vehicle line or its subsidiaries' vehicle lines; or (b) any sale or other disposition by such a motor vehicle manufacturer of motor vehicles for which the manufacturer obtained distinguishing number tags under Section
27-19-309(8)
.
(2)
Any person who violates the provisions of subsection (1) of this section may be enjoined from further violations of such provisions by writ of injunction issued out of a court of equity upon a bill filed in the name of the state by the Attorney General, or any district or county attorney whose duty requires him to prosecute criminal cases on behalf of the state, in the county where such violation occurred.
Codes, 1942, § 8071.7-10; Laws, 1970, ch. 478, § 10; Laws, 1977, ch. 411, § 5; reenacted, Laws, 1983, ch. 344, § 27; reenacted without change, Laws, 1991, ch. 305, § 27; Laws, 2000, 3rd Ex Sess, ch. 1, § 21; Laws, 2007, ch. 303, § 10, eff. 3/2/2007.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 17 - MANUFACTURE, SALES AND DISTRIBUTION (§§ 63-17-1 — 63-17-221) › DISTRIBUTION AND SALES (§§ 63-17-51 — 63-17-119) › Section 63-17-105 - Penalties

Every person committing a willful violation of any provision of subsection (1) of Section
63-17-73
or of Section
63-17-103
or subsection (3) of Section
63-17-73
is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment.
Codes, 1942, § 8071.7-08; Laws, 1970, ch. 478, § 8; reenacted without change, Laws, 1983, ch. 344, § 28; reenacted without change, Laws, 1991, ch. 305, § 28; Laws, 1994, ch. 399, § 4, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 17 - MANUFACTURE, SALES AND DISTRIBUTION (§§ 63-17-1 — 63-17-221) › DISTRIBUTION AND SALES (§§ 63-17-51 — 63-17-119) › Section 63-17-107 - [Repealed]

Repealed by Laws, 1991, ch. 305 § 29, eff. 7/1/1991.
Laws, 1979, ch. 301, § 34; ch. 357, § 2; 1983, ch. 344, § 29.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 17 - MANUFACTURE, SALES AND DISTRIBUTION (§§ 63-17-1 — 63-17-221) › DISTRIBUTION AND SALES (§§ 63-17-51 — 63-17-119) › Section 63-17-113 - Modification of franchise agreement; good cause required for termination, cancellation or nonrenewal

(1)
No person shall modify a franchise agreement during the term of such agreement or upon its renewal if the modification substantially and adversely affects the motor vehicle dealer's rights, obligations, investment, or return on investment without giving sixty (60) days' written notice of the proposed modification to the motor vehicle dealer and without showing good cause to the commission.
(2)
Notwithstanding any agreement, the following alone shall not constitute good cause for the termination, cancellation or nonrenewal of a franchise agreement: The fact that the new motor vehicle dealer owns, has an investment in, participates in the management of or holds a franchise agreement for the sale or service of another make or line of new motor vehicles, or that the new motor vehicle dealer has established another make or line of new motor vehicles or service in the same dealership facilities as the manufacturer or distributor prior to July 1, 2000, or is approved in writing by the manufacturer or distributor.
Laws, 2000, ch. 418, § 4, eff. 7/1/2000.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 17 - MANUFACTURE, SALES AND DISTRIBUTION (§§ 63-17-1 — 63-17-221) › DISTRIBUTION AND SALES (§§ 63-17-51 — 63-17-119) › Section 63-17-115 - Unreasonable discrimination prohibited

A manufacturer or distributor of motor vehicles that directly or indirectly owns or operates a new motor vehicle dealership, in whole or in part, shall not unreasonably discriminate against any other motor vehicle dealer in the same line or make in any matter governed by the franchise agreement, including, but not limited to, the allocation or availability of:
(a)
Motor vehicles;
(b)
Other manufacturer or distributor products;
(c)
Promotional or advertising allowances;
(d)
The opportunity to perform warranty work; or
(e)
The implementation of dealer programs or benefits.
Laws, 2000, ch. 418, § 5, eff. 7/1/2000.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 17 - MANUFACTURE, SALES AND DISTRIBUTION (§§ 63-17-1 — 63-17-221) › DISTRIBUTION AND SALES (§§ 63-17-51 — 63-17-119) › Section 63-17-117 - Warranty or sales incentive audits to be conducted within certain amount of time after payment of disputed claim or end of incentive or rebate program; approved and paid claims not to be charged back to dealer absent fraud, improper repair, or failure to substantiate claim

(1)
Notwithstanding the terms of any franchise agreement, warranty and sales incentive audits of a motor vehicle dealer's records may be conducted by the manufacturer or distributor. Any audit for warranty parts or service compensation shall be performed within the twelve-month period immediately following the date of the payment of the disputed claim by the manufacturer or distributor. Any audit for sales incentives, service incentives, rebates or other forms of incentive compensation shall be performed within the twelve-month period immediately following the date of the payment of the disputed claim by the manufacturer or distributor or the end of the program during which the incentives, service incentives, rebates or other forms of incentives compensation were offered, whichever is later.
(2)
No claim which has been approved and paid may be charged back to the motor vehicle dealer unless it can be shown by a preponderance of the evidence that the claim was false or fraudulent, that the repairs were not properly made or were unnecessary to correct the defective conditions under generally accepted standards of workmanship, or that the motor vehicle dealer failed to reasonably substantiate the repair in accordance with the manufacturer's or distributor's reasonable written claim requirement.
(3)
A manufacturer or distributor shall not deny a claim based solely on a motor vehicle dealer's incidental failure to comply with a specific claim processing requirement such as a clerical error or other administrative technicality that does not call into question the legitimacy of a claim. A motor vehicle dealer may submit an amended or supplemental claim within the time and manner required by the manufacturer for sales incentives, service incentives, rebates or other forms of incentives compensation for up to sixty (60) days from the date on which such a claim was submitted or could have been submitted.
(4)
Limitations on warranty parts, service compensation, sales incentive audits, rebates or other forms of incentive compensation, chargebacks for warranty parts or service compensation, and service incentives and chargebacks for sales compensation only, shall not be effective in the case of intentionally false or fraudulent claims.
Laws, 2000, ch. 418, § 6, eff. 7/1/2000.
Amended by Laws, 2014, ch. 349, HB 581, 4, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 17 - MANUFACTURE, SALES AND DISTRIBUTION (§§ 63-17-1 — 63-17-221) › DISTRIBUTION AND SALES (§§ 63-17-51 — 63-17-119) › Section 63-17-119 - Suit to recover damages; venue; requirement that dealer waive right to trial void

(1)
Notwithstanding any provision of a franchise agreement to the contrary, if any motor vehicle dealer or dealer-operator incurs pecuniary loss due to a violation of the Mississippi Motor Vehicle Commission Law by a manufacturer or distributor, the motor vehicle dealer or dealer-operator may bring suit in a court of competent jurisdiction and recover damages, together with costs, including reasonable attorneys' fees.
(2)
Venue for any proceeding arising from the franchise agreement shall be in Mississippi and shall be consistent with Mississippi law. It is the public policy of this state that venue provided for in this section may not be modified by contract. Any provision contained in the franchise agreement that requires arbitration or litigation to be conducted outside the State of Mississippi shall be void and unenforceable.
(3)
Notwithstanding any provision in a franchise agreement to the contrary, any requirement that a dealer waive its right to a trial by jury is void and unenforceable.
Laws, 2000, ch. 418, § 7; Laws, 2006, ch. 432, § 6, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 17 - MANUFACTURE, SALES AND DISTRIBUTION (§§ 63-17-1 — 63-17-221) › DEALER CONTRACTS (§§ 63-17-131 — 63-17-141) › Section 63-17-131 - Filing and approval of dealer contracts

Any person, partnership, association of persons or corporation engaged in the manufacture and/or distribution of motor vehicles, whether resident or nonresident of the State of Mississippi, transacting the business of manufacturing, distribution, or sale of motor vehicles or the parts or accessories thereof in the State of Mississippi, shall file in the Office of the Secretary of State the form of a contract which is to be entered into between such manufacturer with its agent, dealer or representative in this state. Upon the approval by the Attorney General of the contract, the contract shall become binding on all parties thereto. The failure to file the contract with the Secretary of State as provided herein and to secure the approval thereof of the Attorney General of the state, shall render the contract unenforceable. This section shall not apply to dealers or manufacturers of motor homes governed by the provisions of Sections
63-17-201
through
63-17-221
.
Codes, 1942, § 8072; Laws, 1935, ch. 35.
Amended by Laws, 2014, ch. 532, HB 742, 14, eff. 10/1/2014.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 17 - MANUFACTURE, SALES AND DISTRIBUTION (§§ 63-17-1 — 63-17-221) › DEALER CONTRACTS (§§ 63-17-131 — 63-17-141) › Section 63-17-133 - Liquidation of damages for breach of contract by arbitration

In the event of a breach of the contract referred to in Section
63-17-131
, the party injured or damaged by such breach may have recourse for the liquidation of his damages to a board of arbitration and award as provided in Chapter 15, Title 11, Mississippi Code of 1972.
Codes, 1942, § 8072; Laws, 1935, ch. 35.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 17 - MANUFACTURE, SALES AND DISTRIBUTION (§§ 63-17-1 — 63-17-221) › DEALER CONTRACTS (§§ 63-17-131 — 63-17-141) › Section 63-17-135 - Maintenance of civil action for actual damages for breach of contract

Any person, partnership, association of persons, or corporation damaged by the breach of the contract referred to in Section
63-17-131
, and desiring to take an appeal as provided by Chapter 15, Title 11, Mississippi Code of 1972, from the findings of the board of arbitration and award may in each instance of such injury or damage recover all actual damages sustained in addition to the penalties provided in Section
63-17-137
and may maintain its, or his, action against one or more of the parties to said contract, its officers or agents.
Codes, 1942, § 8073; Laws, 1935, ch. 35.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 17 - MANUFACTURE, SALES AND DISTRIBUTION (§§ 63-17-1 — 63-17-221) › DEALER CONTRACTS (§§ 63-17-131 — 63-17-141) › Section 63-17-137 - Applicability of provisions; penalties for violations

Sections
63-17-131
through
63-17-137
shall not affect any contract existing as of October 2, 1935, between any person, partnership, association of persons or corporation acting as the agent, dealer or representative of any motor vehicle manufacturer, nor shall they affect the relationship of any parties now acting as the agent, dealer or representative of any manufacturer without contract in this state. If any motor vehicle manufacturer should, after said date, without good cause or without tendering reimbursement for the damage or injury sustained by its agent, dealer or representative, cancel the existing contract or should without good cause refuse to continue the business relationship existing between manufacturer and agent, dealer or representative without contract the dealer, agent or representative so injured by the loss of his or its dealership, agency or representation may sue and recover all actual damages sustained by him, it or them. For a violation of the provisions of Sections
63-17-131
through
63-17-139
a domestic corporation shall forfeit its charter and a foreign corporation shall forfeit its right to do business in this state and shall also forfeit not less than $500.00 nor more than $1,000.00 to the State of Mississippi and shall be proceeded against by the attorney general in the manner and form as provided for a quo warranto proceeding or injunction under the laws of this state.
Codes, 1942, § 8074; Laws, 1935, ch. 35.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 17 - MANUFACTURE, SALES AND DISTRIBUTION (§§ 63-17-1 — 63-17-221) › DEALER CONTRACTS (§§ 63-17-131 — 63-17-141) › Section 63-17-139 - Proof of damages

In any action taken, proof by the party plaintiff that he has been compelled to discontinue the relationship of manufacturer, agent, dealer or representative on account of the unlawful act or breach of said contract by the party defendant or that the party defendant has threatened to cancel said contract without good cause and without first having submitted the question for an adjustment of a breach of said contract to a board of arbitration and award, shall be conclusive evidence of damage, and in every case proof of any unlawful purpose or agreement to violate the terms of said contract, shall entitle the party injured thereby to all actual damage sustained by him and shall in addition thereto subject the party violating said contract to the penalty provided in Section
63-17-137
.
Codes, 1942, § 8075; Laws, 1935, ch. 35.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 17 - MANUFACTURE, SALES AND DISTRIBUTION (§§ 63-17-1 — 63-17-221) › DEALER CONTRACTS (§§ 63-17-131 — 63-17-141) › Section 63-17-141 - [Repealed]

Laws, 1994, ch. 399, § 1; Laws, 2010, ch. 395, § 1, eff. 7/1/2010.
Repealed by Laws, 2014, ch. 349, HB 581, 5, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 17 - MANUFACTURE, SALES AND DISTRIBUTION (§§ 63-17-1 — 63-17-221) › MOTOR VEHICLE WARRANTY ENFORCEMENT ACT (§§ 63-17-151 — 63-17-165) › Section 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."
Laws, 1985, ch. 336, § 1, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 17 - MANUFACTURE, SALES AND DISTRIBUTION (§§ 63-17-1 — 63-17-221) › MOTOR VEHICLE WARRANTY ENFORCEMENT ACT (§§ 63-17-151 — 63-17-165) › Section 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 Section
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.
Laws, 1985, ch. 336, § 2, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 17 - MANUFACTURE, SALES AND DISTRIBUTION (§§ 63-17-1 — 63-17-221) › MOTOR VEHICLE WARRANTY ENFORCEMENT ACT (§§ 63-17-151 — 63-17-165) › Section 63-17-155 - Definitions

As used in Sections
63-17-151
through
63-17-165
, 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. 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 Section
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, electric bicycles, personal delivery devices, electric personal assistive mobility devices as defined in Section
63-3-103
, or golf carts or low-speed vehicles as defined in Section
63-32-1
, 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
.
Laws, 1985, ch. 336, § 3; Laws, 2003, ch. 485, § 12, eff. 7/1/2003.
Amended by Laws, 2022, ch. 439, SB 2508,§ 9, eff. 7/1/2022.
Amended by Laws, 2021, ch. 355, HB 1195,§ 9, eff. 7/1/2021.
Amended by Laws, 2021, ch. 367, SB 2605,§ 6, eff. 3/17/2021.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 17 - MANUFACTURE, SALES AND DISTRIBUTION (§§ 63-17-1 — 63-17-221) › MOTOR VEHICLE WARRANTY ENFORCEMENT ACT (§§ 63-17-151 — 63-17-165) › Section 63-17-157 - Repair of nonconforming vehicle

For the purposes of Section
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.
Laws, 1985, ch. 336, § 4, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 17 - MANUFACTURE, SALES AND DISTRIBUTION (§§ 63-17-1 — 63-17-221) › MOTOR VEHICLE WARRANTY ENFORCEMENT ACT (§§ 63-17-151 — 63-17-165) › Section 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 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.
Laws, 1985, ch. 336, § 6, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 17 - MANUFACTURE, SALES AND DISTRIBUTION (§§ 63-17-1 — 63-17-221) › MOTOR VEHICLE WARRANTY ENFORCEMENT ACT (§§ 63-17-151 — 63-17-165) › Section 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.
Laws, 1985, ch. 336, § 7, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 17 - MANUFACTURE, SALES AND DISTRIBUTION (§§ 63-17-1 — 63-17-221) › MOTOR VEHICLE WARRANTY ENFORCEMENT ACT (§§ 63-17-151 — 63-17-165) › Section 63-17-165 - Remedies for violations

Any violation of Section
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.
Laws, 1985, ch. 336, § 8, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 17 - MANUFACTURE, SALES AND DISTRIBUTION (§§ 63-17-1 — 63-17-221) › SALES OF ALL-TERRAIN VEHICLES AND MOTORCYCLES (§ 63-17-171) › Section 63-17-171 - Levy of point-of-sale fee on retail sales of all-terrain vehicles and motorcycles; levy of fee on purchaser of new all-terrain vehicle or motorcycle purchased in another state and brought into Mississippi; applicability of sales tax law

(1)
(a)
There is levied a point-of-sale fee of Fifty Dollars ($50.00) on the retail sales of all-terrain vehicles and motorcycles as defined in Section 5. The seller of an all-terrain vehicle or a motorcycle shall collect the fee from the purchaser at the time of sale and remit the fee to the Department of Revenue, which shall deposit the proceeds of the fees into the Mississippi Trauma Care Systems Fund created in Section
41-59-75
.
(b)
The seller of an all-terrain vehicle or a motorcycle shall provide a written statement to the purchaser, which may be printed on the sales receipt, that reads as follows: "$50.00 of the amount that you paid for this vehicle will be used to fund the Mississippi Trauma Care System."
(2)
(a)
There is levied a fee of Fifty Dollars ($50.00) on a resident of this state who purchases a new and not previously registered motorcycle in another state and brings the motorcycle into this state. The person shall pay the fee to the tax collector at the time of registering the motorcycle and applying for a license tag. The tax collector shall remit the fee to the Department of Revenue, which shall deposit the proceeds of the fee into the Mississippi Trauma Care Systems Fund created in Section
41-59-75
.
(b)
There is levied a fee of Fifty Dollars ($50.00) on a resident of this state who purchases a new all-terrain vehicle in another state and brings the vehicle into this state. The person shall pay the fee to the Department of Revenue, which shall deposit the proceeds of the fee into the Mississippi Trauma Care Systems Fund created in Section
41-59-75
.
(3)
As used in this section, the term "all-terrain vehicle" shall not include vehicles designed for use as golf carts.
(4)
All administrative provisions of the Mississippi Sales Tax Law, including those which fix damages, penalties and interest for nonpayment of taxes and for noncompliance with the provisions of such law, and all other requirements and duties imposed upon taxpayers, shall apply to all persons liable for the fees imposed by this section, and the Commissioner of Revenue shall exercise all the power and authority and perform all the duties with respect to this section as are provided in the Sales Tax Law except where there is a conflict, then the provisions of this section prevail.
Laws, 2008, ch. 549, § 7; Laws, 2011, ch. 545, § 10; Laws, 2012, ch. 566, § 9, eff. 5/25/2012.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 17 - MANUFACTURE, SALES AND DISTRIBUTION (§§ 63-17-1 — 63-17-221) › RECREATIONAL VEHICLE FRANCHISE LAW (§§ 63-17-201 — 63-17-221) › Section 63-17-203 - Written agreements; designated territories

(1)
A manufacturer or distributor may not sell a recreational vehicle in this state to or through a dealer without having first entered into a manufacturer-dealer agreement with a dealer that has been signed by both parties.
(2)
The manufacturer shall designate the area of sales responsibility exclusively assigned to a dealer in the manufacturer-dealer agreement and may not change the contract area or contract with another dealer for sale of the same line-make in the designated area during the duration of the agreement.
(3)
The area of sales responsibility may not be revised or changed without the consent of both parties for one (1) year after the execution of the manufacturer-dealer agreement. Upon renewal both parties must agree on stocking requirements.
(4)
A recreational vehicle dealer may not sell a new recreational vehicle in this state without having first entered into a manufacturer-dealer agreement with a manufacturer or distributor that has been signed by both parties. The manufacturer-dealer agreement must be filed with the Mississippi Motor Vehicle Commission.
(5)
For any new recreational vehicle dealer licensee without an established dealership in this state, there shall be a thirty-day waiting period after the date the application has been approved by the Mississippi Motor Vehicle Commission before the new licensee may commence retail operations.
(6)
A recreational vehicle manufacturer may not offer to sell or sell any new recreational vehicle to any recreational vehicle dealer at a lower actual price than the actual price charged to any other recreational vehicle dealer for the same line-make vehicle similarly equipped. This subsection shall not be construed to prevent the offering of volume discounts if such discounts are equally available to all franchised dealers in this state.
Added by Laws, 2014, ch. 532, HB 742, 2, eff. 10/1/2014.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 17 - MANUFACTURE, SALES AND DISTRIBUTION (§§ 63-17-1 — 63-17-221) › RECREATIONAL VEHICLE FRANCHISE LAW (§§ 63-17-201 — 63-17-221) › Section 63-17-213 - Indemnification

Notwithstanding the terms of any manufacturer-dealer agreement, it is a violation of Sections
63-17-201
through
63-17-221
for:
(a)
A warrantor to fail to indemnify and hold harmless its dealer against any losses or damages to the extent the losses or damages are caused by the negligence or willful misconduct of the warrantor. The dealer shall provide to the warrantor a copy of any pending law suit or similar proceeding in which allegations are made that come within this subsection within ten (10) days after receiving the suit.
(b)
A dealer to fail to indemnify and hold harmless its warrantor against any losses or damages to the extent the losses or damages are caused by the negligence or willful misconduct of the dealer. The warrantor shall provide to the dealer a copy of any pending law suit or similar proceeding in which allegations are made that come within this subsection within ten (10) days after receiving the suit.
Added by Laws, 2014, ch. 532, HB 742, 7, eff. 10/1/2014.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 17 - MANUFACTURE, SALES AND DISTRIBUTION (§§ 63-17-1 — 63-17-221) › RECREATIONAL VEHICLE FRANCHISE LAW (§§ 63-17-201 — 63-17-221) › Section 63-17-215 - Inspection and rejection by dealer

(1)
Whenever a new recreational vehicle is damaged before transit to the dealer or is damaged in transit to the dealer when the carrier or means of transportation has been selected by the manufacturer or distributor, the dealer shall notify the manufacturer or distributor of the damage within the timeframe specified in the manufacturer-dealer agreement and:
(a)
Request from the manufacturer or distributor authorization to replace the components, parts and accessories damaged or otherwise correct the damage; or
(b)
Reject the vehicle within the timeframe set forth in subsection (4) of this section.
(2)
If the manufacturer or distributor refuses or fails to authorize repair of such damage within ten (10) days after receipt of notification, or if the dealer rejects the recreational vehicle because of damage, ownership of the new recreational vehicle shall revert to the manufacturer or distributor.
(3)
The dealer shall exercise due care in custody of the damaged recreational vehicle, but the dealer shall have no other obligations, financial or otherwise, with respect to that recreational vehicle.
(4)
The timeframe for inspection and rejection by the dealer must be part of the manufacturer-dealer agreement and may not be less than two (2) business days after the physical delivery of the recreational vehicle.
(5)
Any recreational vehicle that has, at the time of delivery to the dealer, an unreasonable amount of miles on its odometer, as determined by the dealer, may be subject to rejection by the dealer and reversion of the vehicle to the manufacturer or distributor. In no instance shall a dealer deem an amount less than the distance between the dealer and the manufacturer's factory or a distributor's point of distribution, plus one hundred (100) miles, as unreasonable.
Added by Laws, 2014, ch. 532, HB 742, 8, eff. 10/1/2014.