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.

Although it varies from state to state, the Lemon Laws state that if you buy (and in various states, lease) a new or pre-owned vehicle or other vehicle with a manufacturer's warranty that is defective, and the manufacturing business cannot rebuild it in spite of repeated attempts (inside a designated time that varies from state to state), or if the product is out of service for a stipulated period (typically 30 days) because of its flaws, you are qualified to a wide number of dismantles, including:

1. Monetary damages
2. A return of your purchase price
3. A brand new automobile
Moreover, almost all the Lemon Laws (as well as the Federal Warranty Law) incorporate a fee shifting element that provides that if you win your suit, the manufacturer or dealer that sold you the lemon is required to repay you for court fees.


Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has a different Lemon Law statute. Even though the protections of each state's statute are different, the standard state Lemon Law statute affords help for consumers with a malfunctioning motor vehicle purchased with a warranty if:

1. The dealer or original maker can't legitimately fix a specific deficiency in the product after a reasonable number of repair tries (normally at least 3);
2. The automobile cannot be used for at least 30 days due to defects in the car; or
3. The car dealership or original maker just can not fix a deficiency that is a considerable safety risk.

More often than not, a faulty motor vehicle is a motor vehicle with a condition or condition that substantially cripples its use, marketability, or safety to the consumer and does not comply with the written warranty. Frequently, the time period in which the Lemon Laws apply are relatively short; the troubles and resultant repair attempts (or out-of-service period) usually will occur during the first two-years or 24,000 miles the owner has the motor vehicle. However, a number of states have even shorter time periods. Additionally, virtually all states have notification and initiation requirements, such as requiring the consumer to send registered post notice to the original maker of the problems and affording the car dealership a chance to correct the automobile. Also, most states expect that Lemon Law lawsuits be resolved through an arbitration process.

Generally, state Lemon Law regulation codes also apply to leased cars and used vehicles purchased while under the producers written warranty. A lot of state Lemon Laws also are applicable to automobiles other than passenger cars. depending upon the purchaser's home residence, or the state in which the consumer bought the motor vehicle, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Boats
-Other consumer products (like computers)
There are a number of significant solutions possible under the Lemon Laws. US Statesten times, if the original maker can't fix the automobile, the consumer can either require the original maker to replace the motor vehicle, or demand the original maker to reposess the motor vehicle and return the price paid together with incidental costs, including all bills, towing fees, repair charges, associated travel costs and other damages incurred by the consumer as a consequence of the shortcomings in the motor vehicle. Another important relief available under most Lemon Laws is laywers' expenses. In many states, if you prevail in a Lemon Law case, you will not have to pay any laywers' expenses-the car manufacturing business that sold you your lemon is expected to pay all of your court expenses.

The defendant car manufacturing business can apply many defenses to a Lemon Law claim. The standard regulation extends that the original equipment manufacturer is not guilty if it can establish that the flaws at issue came about because of misdeed, neglect, or the tampering or modification of a auto by anybody other than the manufacturer, its agent, or its authorized dealer. In different words, if the consumer abuses his or her own automobile, or the faults were the fault of modifications or alterations executed by an unauthorized party, the manufacturer could not be responsible.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that regulates consumer merchandise warranties. Signed by Congress in 1975, the Magnuson Moss Act requires makers and dealers of consumer goods to provide consumers with itemized information about warranty coverage benefits. Also, it determines both the rights of customers and the obligations of warrantors under manufacturer warranties.

Although the Magnuson Moss Act doesn't demand an automobile manufacturer to provide consumers with a warranty, if a warranty is offered, the Magnuson Moss Act provides numerous protections for the consumer. The Magnuson Moss Act makes it easier for purchasers to sue for breaking the warranty by making breach of warranty an infraction of federal law, and by allowing public consumers to recoup litigation charges and fair attorney's expenses.

The Magnuson Moss Act is typically useful in a lemon case in which, for some reason, a state Lemon Law claim is not available or moreover disadvantageous. For example, divaricate from the rather short time period provided to customers with many Lemon Laws, you could bring a claim for breach of warranty after the warranty period has expired if the troubles came about during the warranty time period. Furthermore, although many Lemon Laws restrict their coverage to a very specific number of cars, the Magnuson Moss Act applies to just about all consumer items. The Magnuson Moss Act could also apply if you bought or leased a preowned car without a manufacturer's warranty, or if the car is covered by a service agreement or other variety of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in every state. It is the prime authority of law regulating product contracts, including motor vehicles and other items. The UCC offers an alternative legal channel for consumers with lemon troubles.

UCC code stipulates that the consumer of a product is entitled to return products that fail in any way to the warranty. Fundamentally, if your recently purchased car does not function as pledged by the maker (your manufacturer warranty is part of your consumer warranty), you may have a claim referencing the UCC in addition to any other claims you may have.

The period of time for returning a car with the UCC is not limitless. If you expose a fault in your motor vehicle inside a sensible ownership period, you may reject the automobile. Unfortunately, new cars can be frequently technically enigmatic and you may not know whether your product conforms to the consumer agreement till after you buy the product and troubles start to come up. In essence, if Following this ownership time you do not take back the product, you will be deemed to have okayed it and might have no claim through the UCC.

The length of the review period is not outlined in the statute. Courts determine how long the sensible review period is based on the purchaser's familiarity and personal experience, the purchaser's difficulty in revealing the failing, and the purchaser's opportunity to reveal the flaw.

In spite of this limitation, the UCC says that in certain examples where a consumer is said to have approved of goods (i.e. the sensible review time period has elapsed), a consumer can still rescind his acceptation of those product where the non-conformity largely cripples the value of the product to him. Those instances include cases in which it was arduous to come upon the nonconformity or the consumer was promised that the non-conformity would be remedied. Re-stated, the local court will exempt the consumer from not having rejected the product where the consumer could not have fairly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a motor vehicle excessively fails and you have to keep taking it back to the dealership for repair under the warranty, the car lemon law may be your next course. The flaw should be substantial in which it intereferes with your driving the motor vehicle or your safety. A motor vehicle stalling for no reason is a substantial flaw. This is exactly the type of condition that can diminiah your driving and your safety. Under the motor vehicle lemon law you are not obliged to indicate why the vehicle is stalling, you simply have to show that it is stalling. Put simply you need to check up on the lemon law in these 3 instances: the vehicle keeps failing inside the warranty time period, the vehicle is a safety hazard, the dealer is unable to restore the vehicle when it is warranted.

If you own a vehicle which is a lemon you can directly write to the original producer and ask for another equivalent vehicle. If this demand is not satisfactory to the original producer, you may start into an arbitration process. A few makers incorporate their own arbitration process. Other makers employ external arbitration program like Autoline by the Better Business Bureau. The proposal of the arbitrators is binding on the original producer but not on the purchaser. If unsatisfied with the proposal, the purchaser can take the original producer to court.

Virtually all ordinances provide that the customer needs to be returned back to the financial situation they were in before they purchased the car, less the sum that the customer gained from by using the car. To get the payback total several components are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some nearly new used vehicles may qualify under basic lemon laws. For example, a pre-owned vehicle may fall under regular lemon laws if it is less than a year old and has less than 12,000 miles on the odometer. States that do have a pre-owned vehicle lemon law might be extra accommodative with the age and measure of mileage. Still, the vehicle needs to be sold by a dealership that supplies a written warranty. Private party sales aren't governed, neither are cars sold under a certain original cost. There could be other restrictions to a used car lemon law such as the proposes for which the car is utilized or the categorization of car. Classic vehicles, are ordinarily excluded from used vehicle lemon laws. Used vehicle lemon laws normally cover a much shorter period than new vehicle laws. They usually range from 30 to 90 days, depending on your used automobile's mileage.
When selecting a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that apply to your state. Also enquire about the pricing system. Many lemon law lawyers demand a generally small retainer to handle a lemon law claim, and thereafter, the attorney's fees are charged to the original equipment manufacturer. Therefore, lemon law claims are usually very affordable to public consumers. The reimbursement of attorney bills varies from state to state. About half of the states allow for you to recuperate your Lawyer charges if you win. The attorney's fee is based on actual time used rather than being tied to any other percent of the recovery. In a select few States, you must pay the manufacturing business* attorney's invoices if you lose.

Consumers should record their complaints in writing and keep a copy. In every written communication, always delineate how difficult it is to take the auto to the car dealership for corrections and that the reliableness that the consumer believed He or she was acquiring has been non-existent. Any written communication with a dealer or original equipment manufacturer should be sent using certified mail service. In many suits the makers claim that they haven't had the required number of endeavors to fix the problem. They rely on the fact that the consumer doesn't retain repair tickets for each instance they have driven the vehicle into the authorized dealership. They also depend on the possibility that the repair tickets have seperate items fixed each time demonstrating that they haven't repaired the same condition. Consumers should respond by demanding that dealers always send them a warranty repair sheet. Consumers ought to also debate that these unwritten trips are attempts.

Make sure to be cognisant of your rights under the lemon laws. Upon purchase, immediately review your owner's book and warranty info entirely, along with the facts with respect to lemon law rights that you ought to get when you acquire your vehicle. Don't depend on your dealership to tell you what problems are covered by warranty. If your dealership states that a condition isn't covered and you think that she is purposely misleading you, be civilized but confident. Don't be scared to produce the section of the warranty that is relevant, or to call the original maker for confirmation using the contact information included inside your owner's book. You should not be obligated pay for corrections linked to lemon law complaints. It's also essential to advise the original maker of a complaint immediately. If you are suspicious that your vehicle has a condition what cannot be fixed, check 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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