Lemon Law - Illinois
Lemon Law
Lemon Law - "Lemon
law" is that body of state law which defines an automobile
owners rights when the manufacturer is not able to repair the
automobile within the limits specified. In
such cases, the automobile is referred to as a "lemon",
and is subject to the conditions of the state lemon law.
Your Lemon Law:
Disclaimer:
These pages are created to inform and educate the public about lemon
law and under the lemon law in your state. They are not and
should not be considered legal opinions or advice as to whether you
have rights under lemon law or whether you should pursue "a
lemon law case". If after reading this information,
you believe you qualify, you should seek the advice and counsel of
an attorney specializing in lemon law in your state. Remember
that each state's lemon laws vary.
815 ILCS 380/1
Sec. 1. This Act shall be known and may be cited as the New Vehicle
Buyer Protection Act. (Source: P.A. 85-1350.)
815 ILCS 380/2
Sec. 2. Definitions. For the purposes of this Act, the following
words have the meanings ascribed to them in this Section.
(a)
"Consumer" means an individual who purchases or leases for
a period of at least one year a new vehicle from the seller for the
purposes of transporting himself and others, as well as their
personal property, for primarily personal, household or family
purposes.
(b) "Express warranty" has the same meaning, for
the purposes of this Act, as it has for the purposes of the Uniform
Commercial Code.
(c) "New vehicle" means a passenger car,
as defined in Section 1-157 of The Illinois Vehicle Code, a motor
vehicle of the Second Division having a weight of under 8,000
pounds, as defined in Section 1-146 of that Code, and a recreational
vehicle, except for a camping trailer or travel trailer that does
not qualify under the definition of a used motor vehicle, as set
forth in Section 1-216 of that Code.
(d) "Nonconformity"
refers to a new vehicle's failure to conform to all express
warranties applicable to such vehicle, which failure substantially
impairs the use, market value or safety of that vehicle.
(e)
"Seller" means the manufacturer of a new vehicle, that
manufacturer's agent or distributor or that manufacturer's
authorized dealer. "Seller" also means, with respect to a
new vehicle which is also a modified vehicle, as defined in Section
1-144.1 of The Illinois Vehicle Code, as now or hereafter amended,
the person who modified the vehicle and that person's agent or
distributor or that person's authorized dealer. "Seller"
also means, with respect to leased new vehicles, the manufacturer,
that manufacturer's agent or distributor or that manufacturer's
dealer, who transfers the right to possession and use of goods under
a lease.
(f) "Statutory warranty period" means the period
of one year or 12,000 miles, whichever occurs first after the date
of the delivery of a new vehicle to the consumer who purchased or
leased it.
(g) "Lease cost" includes deposits, fees,
taxes, down payments, periodic payments, and any other amount paid
to a seller by a consumer in connection with the lease of a new
vehicle. (Source: P.A. 89-375, eff. 8-18-95.)
815 ILCS 380/3
Sec. 3. Failure of vehicle to conform; remedies; presumptions.
(a)
If after a reasonable number of attempts the seller is unable to
conform the new vehicle to any of its applicable express warranties,
the manufacturer shall either provide the consumer with a new
vehicle of like model line, if available, or otherwise a comparable
motor vehicle as a replacement, or accept the return of the vehicle
from the consumer and refund to the consumer the full purchase price
or lease cost of the new vehicle, including all collateral charges,
less a reasonable allowance for consumer use of the vehicle. For
purposes of this Section, "collateral charges" does not
include taxes paid by the purchaser on the initial purchase of the
new vehicle. The retailer who initially sold the vehicle may file a
claim for credit for taxes paid pursuant to the terms of Sections 6,
6a, 6b, and 6c of the Retailers' Occupation Tax Act. Should the
vehicle be converted, modified or altered in a way other than the
manufacturer's original design, the party which performed the
conversion or modification shall be liable under the provisions of
this Act, provided the part or parts causing the vehicle not to
perform according to its warranty were altered or modified.
(b) A
presumption that a reasonable number of attempts have been
undertaken to conform a new vehicle to its express warranties shall
arise where, within the statutory warranty period, (1) the same
nonconformity has been subject to repair by the seller, its agents
or authorized dealers during the statutory warranty period, 4 or
more times, and such nonconformity continues to exist; or (2) the
vehicle has been out of service by reason of repair of
nonconformities for a total of 30 or more business days during the
statutory warranty period.
(c) A reasonable allowance for consumer
use of a vehicle is that amount directly attributable to the wear
and tear incurred by the new vehicle as a result of its having been
used prior to the first report of a nonconformity to the seller, and
during any subsequent period in which it is not out of service by
reason of repair.
(d) The fact that a new vehicle's failure to
conform to an express warranty is the result of abuse, neglect or
unauthorized modifications or alterations is an affirmative defense
to claims brought under this Act.
(e) The statutory warranty period
of a new vehicle shall be suspended for any period of time during
which repair services are not available to the consumer because of a
war, invasion or strike, or a fire, flood or other natural disaster.
(f) Refunds made pursuant to this Act shall be made to the consumer,
and lien holder if any exists, as their respective interests appear.
(g) For the purposes of this Act, a manufacturer sells a new vehicle
to a consumer when he provides that consumer with a replacement
vehicle pursuant to subsection (a).
(h) In no event shall the
presumption herein provided apply against a manufacturer, his agent,
distributor or dealer unless the manufacturer has received prior
direct written notification from or on behalf of the consumer, and
has an opportunity to correct the alleged defect. (Source: P.A.
89-359, eff. 8-17-95; 89-375, eff. 8-18-95; 89-626, eff. 8-9-96.)
815 ILCS 380/4 Sec. 4. (a) The provisions of subsection (a) of
Section 3 shall not apply unless the consumer has first resorted to
an informal settlement procedure applicable to disputes to which
that subsection would apply where
(1) The manufacturer of the new
vehicle has established such a procedure;
(2) The procedure
conforms: (i) substantially with the provisions of Title 16, Code of
Federal Regulation, Part 703, as from time to time amended, and (ii)
to the requirements of subsection (c); and
(3) The consumer has
received from the seller adequate written notice of the existence of
the procedure. Adequate written notice includes but is not limited
to the incorporation of the informal dispute settlement procedure
into the terms of the written warranty to which the vehicle does not
conform.
(b) If the consumer is dissatisfied with the decision
reached in an informal dispute settlement procedure or the results
of such a decision, he may bring a civil action to enforce his
rights under subsection (a) of Section 3. The decision reached in
the informal dispute settlement procedure is admissible in such a
civil action. The period of limitations for a civil action to
enforce a consumer's rights or remedies under subsection (a) of
Section 3 shall be extended for a period equal to the number of days
the subject matter of the civil action was pending in the informal
dispute settlement procedure.
(c) A disclosure of the decision in an
informal dispute settlement procedure shall include notice to the
consumer of the provisions of subsection (b). (Source: P.A.
85-1350.)
815 ILCS 380/5
Sec. 5. Persons electing to proceed and settle under this Act shall
be barred from a separate cause of action under the Uniform
Commercial Code. (Source: P.A. 85-1350.)
815 ILCS 380/6
Sec. 6. Any action brought under this Act shall be commenced within
eighteen months following the date of original delivery of the motor
vehicle to the consumer. (Source: P.A. 83-768.)
815 ILCS 380/7
Sec. 7. The seller who sells a new vehicle to a consumer, shall,
upon delivery of that vehicle to the consumer, provide the consumer
with a written statement clearly and conspicuously setting forth in
full detail the consumer's rights under subsection (a) of Section 3,
and the presumptions created by subsection (b) of that Section.
(Source: P.A. 85-1350.) 815 ILCS 380/8
Sec. 8. This Act shall apply to motor vehicles
beginning with the model year following the effective date of this
Act. (Source: P.A. 83-768.)
