Illinois Lemon Law Firms:
This is a list of law firms that are registered as specializing in Illinois lemon law cases.

Illinois Compiled Statutes Annotated, Chapter 815 §§ 380.1 to 380.8

815.380.1

This Act shall be known and may be cited as the New Vehicle Buyer Protection Act.

815.380.2 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.

815.380.3 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.

815.380.4

(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).

815.380.5

Persons electing to proceed and settle under this Act shall be barred from a separate cause of action under the Uniform Commercial Code.

815.380.6

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.

815.380.7

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.

815.380.8

This Act shall apply to motor vehicles beginning with the model year following the effective date of this Act.

Essentially, the Lemon Laws provide that if you buy (and in various states, lease) a brand new or used vehicle or other car with a warranty that is faulty, and the original producer just can't recondition it even with persistent tries (inside a defined time that fluctuates from state to state), or if the motor vehicle is not usable for a designated time (usually 30 days) due to its problems, you are eligible to a wide number of maltreats, inclusive of:

1. Money damage settlements
2. A restitution of the original price
3. A brand new vehicle
Moreover, virtually all of the Lemon Laws (as well as the Federal Warranty Law) contain a fee shifting element that provides that if you win your lawsuit, the original producer or dealer which sold you your lemon is obliged to repay attorneys' expenses.


Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has a different Lemon Law statute. Although the verbiage of each state's statute differ, the general state Lemon Law statute provides remedy for buyers with a unsound motor vehicle purchased with a warranty if:

1. The car dealership or original producer just can't legitimately remedy a specific defect in the automobile after a sensible number of repair attempts (normally at least 3);
2. The vehicle cannot be driven for at least 30 days due to problems in the automobile; or
3. The car dealership or original producer just can't remedy a flaw that is a significant safety risk.

Generally, a faulty car is a car with a defect or trouble that often impares its usability, value, or safety to the consumer and does not comply with the warranty. Typically, the time period during which the Lemon Laws apply are relatively short; the flaws and subsequent repair efforts (or out-of-service time period) generally must take place during the first 2-years or 24,000 miles in which the purchaser owns the automobile. However, a number of states have even shorter periods. Additionally, virtually all states have notice and activation requirements, such as requiring the consumer to give registered mail notice to the original maker of the troubles and establishing the car dealership an opportunity to remedy the motor vehicle. Furthermore, numbers of states necessitate that Lemon Law cases be settled through an arbitration system.

Generally, state Lemon Law regulations also apply to leased automobiles and used vehicles bought while under the manufacturer's basic warranty. A lot of state Lemon Laws also apply to vehicles other than passenger vehicles. based on the purchaser's home residence, or the state in which the consumer bought the motor vehicle, Lemon Laws may apply to:

-RV's
-Motorcycles
-Boats
-Other consumer items (like computers)
There are many robust resolutions available under the Lemon Laws. U.S. States most instances, if the manufacturing business just can't repair the vehicle, the consumer may either call for the manufacturing business to replace the car, or demand the manufacturing business to reposess the car and payback the original price paid including accompanying costs, including all charges, towing fees, repair costs, alternative transportation charges and other damages incurred by the consumer as a consequence of the defects in the car. Another important resolution available under most Lemon Laws is attorneys' fees. In most states, if you prevail in a Lemon Law case, you do not have to pay any legal bills-the automobile original maker that sold you your lemon is obligated to pay your court charges.

The defendant auto original maker can apply assorted defenses to a Lemon Law claim. The common statute extends that the original equipment manufacturer is not responsible if it can verify that the flaws at issue persisted due to misdeed, disregard, or the alteration or modification of a vehicle by a party other than the original maker, an agent, or an authorized dealership. Restated, if the consumer maltreats his or her own motor vehicle, or the problems were the fault of tampering or changes performed by a third party, the original maker could not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that controls consumer goods warranties. Ratified by Congress in 1975, the Magnuson Moss Act requires manufacturing business and sellers of consumer products to provide consumers itemized info about warranty coverage benefits. Also, it affects both the rights of public consumers and the obligations of warrantors under written warranties.

Even though the Magnuson Moss Act does not demand an car original producer to provide consumers with a warranty, if a warranty is offered, the Magnuson Moss Act extends many protections for the consumer. The Magnuson Moss Act makes it more easy for purchasers to sue for not honoring the warranty by making breach of warranty an infraction of federal law, and by permitting public consumers to recuperate legal costs and fair laywers' expenses.

The Magnuson Moss Act is frequently helpful in a lemon suit where, for some reason, a state Lemon Law claim is not available or moreover unsuited. For instance, contrary to the rather short cycle offered to customers inside virtually all Lemon Laws, you could record a claim for breach of warranty after the warranty period has expired as long as the defects came about during the warranty period. Additionally, although many Lemon Laws restrict their coverage to a small offering of automobiles, the Magnuson Moss Act applies to virtually all consumer goods. The Magnuson Moss Act may also be applicable if you purchased or leased a preowned vehicle without a manufacturing business warranty, or if the vehicle is covered by a third party agreement or other variety of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in every U.S. state. It is the primary source of law regulating warranties on consumer goods, including cars and other items. The UCC affords an alternative legal avenue for consumers with lemon troubles.

UCC code says that the purchaser of a product is entitled to return products that break in any regard to the consumer warranty. Fundamentally, if your new automobile doesn't operate as guaranteed by the manufacturing business (your manufacturer warranty is part of your warranty), you can file a claim referencing the UCC in addition to any additional claims you might have.

The period for taking back a car with the UCC is not unlimited. If you expose a failing in your car inside a fair ownership period, you may return the car. Unfortunately, brand new automobiles can be often mechanically enigmatic and you might not understand if your car conforms to the consumer warranty until after you acquire the car and troubles start to arise. Essentially, if Long after this ownership time you don't take back the car, you will be pronounced to have accepted it and may have no claim through the UCC.

The length of the review period is not specified in the statute. Local courts decide how long the fair inspection period is based on the consumer's familiarity and past experience, the consumer's trouble in identifying the gremlin, and the consumer's chance to observe the problem.

In spite of this limitation, the UCC stipulates that in certain instances where a purchaser is stated to have accepted products (i.e. the fair inspection time has expired), a purchaser may still negate his acceptation of those products where the non-conformity considerably impairs the marketability of the products to him. Those instances include instances where it is hard to detect the nonconformity or the purchaser was assured that the non-conformity would be remedied. Re-stated, the court will relieve the purchaser from not refusing the products where the purchaser could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a car excessively gives out and you have to keep bringing it back to the dealership for repair under the written warranty, the car lemon law may be your next refuge. The problem must be significant in which it hampers your driving the product or your safety. A product stalling perpetually is a significant problem. This is precisely the type of condition that can hamper your driving and your safety. Under the automobile lemon law you are not expected to prove why the motor vehicle is stalling, you only have to prove that it is stalling. In essence you need to check into the lemon law in these three examples: the motor vehicle keeps breaking down inside the warranty period, the motor vehicle is a safety hazard, the car dealership is unable to restore the motor vehicle when it is guaranteed.

If you have a product which is a lemon you can directly write to the original equipment manufacturer and ask for a replacement product. If this requirement is not satisfactory to the original equipment manufacturer, you could enter into an arbitration program. A few makers have their own arbitration process. Other makers use external arbitration program like Autoline by the Better Business Bureau. The assessment of the arbitrators is binding on the original equipment manufacturer but not on the consumer. If unsatisfied with the opinion, the consumer can take the original equipment manufacturer to court.

Virtually all ordinances state that the owner must be restored back to the fiscal position they were in prior to purchasing the vehicle, less the measure that the owner profited from by using the vehicle. To get the compensation sum numerous factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some nearly new pre-owned cars may qualify under normal lemon laws. For example, a pre-owned motor vehicle might fall under regular lemon laws if it is less than 1 year old and has got fewer than 12,000 miles on the odometer. States which do have a pre-owned motor vehicle lemon law might be additionally accommodative with the age and measure of mileage. Still, the car has to be sold by a dealership that supplies a written warranty. Personal sales are not involved, neither are cars sold under a stated original cost. There may be additional restrictions to a used car lemon law such as the proposes for which the vehicle is used or the classification of vehicle. Older automobiles, are usually excluded from used car lemon laws. Used car lemon laws usually cover a much shorter period than new car ordinances. They usually range from 30 to 90 days, based on your pre-owned vehicle's mileage.
When picking out a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the laws that cover to your state. Also enquire about the fee program. Many lemon law lawyers call for a generally modest retainer to handle a lemon law claim, and thenceforth, the attorney's invoices are billed to the maker. Thus, lemon law claims are ordinarily very inexpensive to public consumers. The reimbursement of lawyer bills differs from state to state. About half of the states provide for you to recoup your Lawyer bills if you win. The attorney's fee is based on actual time spent rather than being linked to any other share of the recuperation. In a few States, you have to pay the manufacturer's lawyer's invoices if you lose.

Consumers should place their charges in writing and keep a copy. In any written correspondence, always describe how problematic it is to return the auto to the car dealership for work and that the reliability that the customer thought He was getting has been non-existent. Any written correspondence with a dealer or maker needs to be sent using certified postal service. In most cases the makers claim that they haven't had the necessary number of endeavors to repair the problem. They count on the fact that the customer does not file repair tickets for each instance they have driven the automobile into the dealership. They also bet on the fact that the repair tickets have different things fixed each time showing that they have not fixed the same defect. Consumers ought to reply by expecting that sellers always send them a warranty repair ticket. Consumers ought to also debate that these unwritten trips are tries.

Make sure to be mindful of your rights under the lemon laws. Upon purchase, immediately review your owner's manual and warranty information entirely, as well as the info with respect to lemon law rights which you ought to receive when you buy your motor vehicle. Don't count on your car dealership to identify which defects are covered by warranty. If your car dealership states that a defect is not covered and you believe that he or she is being deceptive, be calm but surefooted. Don't be afraid to go over the segment of the warranty that is relevant, or to call the manufacturing business for substantiation using the contact data included within your owner's manual. You should not be obliged pay for corrections linked to lemon law complaints. It's also crucial to notify the manufacturing business of a complaint promptly. If you think that your car has a condition that can't be fixed, look into your lemon law rights to see when you are able to submit a lemon law complaint.

Lemon Law Tips:

1. Take your car in early - as soon as something appears wrong.
2. Hold onto repair orders - Always obtain a work order when you take the vehicle for repairs, and always obtain a completed repair order when work is completed. Be sure the work order reflects your own thoughts and comments regarding your complaints. If the technician summarizes or changes your complaint too much, have that technician add your corrected comments. Sign and receive a copy of the repair Order before leaving.
3. Be consistent in your complaints. Lemon Laws generally require that a manufacturer's authorized repair facility be provided with a reasonable number of opportunities to repair the same problem(s). Therefore, be as consistent as possible on each repeated repair attempt in describing the problem(s) you are having. This will establish that the problem is the same recurring problem, and will make any potential lemon law claim easier to establish and prove.

4. Look for TSBs: Technical Service Bulletins are issued by manufacturers regarding common defects or repairs in certain automobile models. Your dealer will not seek to tell you about TSBs unless you ask. Ask the dealer to make note of your TSB request on the repair order, even if your dealer tells you that none exist for your problem.
5. Watch for bad advice - Dealers and manufacturers personnel, without intending to, frequently practice law by giving you their version of lemon laws. Typically it is wrong and may be detrimental to your case. It doesn't matter whether the reason for this misinformation is unintentional or not. The effect is similar. So check any advice given by the dealer or manufacturer before making any decision that may harm your case.

6. Beware of arbitration - Manufacturers frequently recommend arbitration or even imply that it is a mandatory prerequisite to resolving your problem. Arbitration is neither desirable nor mandatory! And it is absolutely not a prerequisite for making a lemon law demand!
Leading Misconceptions regarding the Lemon Laws

If my case does not qualify for the lemon law there is nothing I can do.
Attorneys regularly take cases that do not meet the lemon law criteria. All purchasers of defective products have a legal right to compensation. They frequently take cases which do meet the mileage or repair criteria of the lemon law, bring them in court, and secure compensation or other relief for the buyer.

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