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.

Primarily, the Lemon Laws state that if you acquire (and in some states, lease) a brand new or used car or other car under warranty that is repeatedly faulty, and the manufacturer cannot recondition it in spite of repeated attempts (within a specified time that fluctuates from state to state), or if the item is out of service for a fixed period of time (often 30 days) due to its troubles, you are qualified to a broad range of costs, including:

1. Monetary restitution
2. A payback of your purchase price
3. A brand new car
In addition, just about all the Lemon Laws (and the Federal Warranty Law) incorporate a fee switching mechanism which says that if you win your lawsuit, the manufacturing business or dealer which sold you the lemon is expected to repay attorneys' invoices.


Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has a unique Lemon Law statute. Although the verbiage of each state's statute differ, the general state Lemon Law statute extends relief for consumers with a faulty car covered by a warranty if:

1. The dealership or manufacturing business can't rightly remedy a particular failing in the item after a fair number of repair attempts (ordinarily at least 3);
2. The car cannot be driven for at least 30 days due to problems in the vehicle; or
3. The dealer or manufacturing business just can not fix a gremlin that is a good safety risk.

Most of the time, a defective automobile is a automobile with a condition or condition that often impairs its function, marketability, or safety to the consumer and does not conform to the warranty. Often times, the period during which the Lemon Laws apply are rather short; the shortcomings and ensuing repair efforts (or out-of-service period of time) often must take place 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. Also, most states have notice and initiation prerequisites, such as wanting the consumer to send registered mail notice to the original producer of the defects and affording the dealership a period to correct the automobile. Furthermore, many states expect that Lemon Law claims be adjudicated through an arbitration program.

Generally, state Lemon Law regulation codes also are applicable to leased vehicles and preowned cars purchased whilst under the manufacturing business* basic warranty. A good number of state Lemon Laws also apply to vehicles other than passenger vehicles. depending on the purchaser's state of residence, or the state where the consumer bought the motor vehicle, Lemon Laws may apply to:

-RV's
-Motorcycles
-Boats
-Other consumer commodities (like electronics)
There are a number of powerful solutions available under the Lemon Laws. U.S. Statesten times, if the original producer cannot repair the car, the consumer may either demand the original producer to replace the car, or force the original producer to take the car and return the purchase price including incidental damages, including all charges, towing costs, repair costs, associated travel charges and other costs incurred by the consumer as a result of the troubles in the vehicle. Another important relief possible under most Lemon Laws is legal fees. In virtually all states, if you prevail in a Lemon Law suit, you do not have to pay any attorneys' fees-the motor vehicle original producer that sold you your lemon is obligated to pay attorneys' fees.

The defendant auto original maker can apply many defenses to a Lemon Law claim. The common regulation affords that the manufacturing business is not guilty if it can show clearly that the defects in dispute came about because of malevolence, carelessness, or the alteration or tampering of a automobile by anyone other than the original producer, an agent, or an authorized repair facility. Put differently, if the consumer damages his or her own motor vehicle, or the troubles were the fault of modifications or changes carried out by an unauthorized party, the original producer may not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that regulates consumer merchandise warranties. Approved by Congress in 1975, the Magnuson Moss Act requires manufacturers and vendors of consumer commodities to provide customers comprehensive data about warranty coverage claims. Additionally, it shapes both the rights of public consumers and the responsibilities of warrantors under original warranties.

Even though the Magnuson Moss Act does not demand an auto manufacturer to furnish purchasers with a warranty, if a warranty is supplied, the Magnuson Moss Act provides various protections for the consumer. The Magnuson Moss Act makes it more easy for purchasers to sue for breach of warranty by making breach of warranty a violation of federal law, and by allowing for purchasers to recoup legal costs and reasonable attorneys' expenses.

The Magnuson Moss Act is frequently applicable in a lemon situation where, for some reason, a state Lemon Law claim is unavailable or otherwise unsuited. For example, divaricate from the generally short time provided to customers within virtually all Lemon Laws, you could register a claim for breach of warranty after the warranty period has passed if the troubles occured during the warranty period. In addition, although a few Lemon Laws limit their coverage to a small list of automobiles, the Magnuson Moss Act applies to near all consumer items. The Magnuson Moss Act may also be applicable if you purchased or leased a preowned automobile without a manufacturer's warranty, or if the automobile is covered by a third party agreement or other variant 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 main basis of law regulating consumer warranties, including vehicles and other items. The UCC offers a legal avenue for consumers with lemon problems.

UCC code stipulates that the buyer of a product is entitled to return merchandise which do not perform in any way to the contract. Therefore, if your brand new item does not operate as bound by the original equipment manufacturer (your original warranty is a portion of your contract), you may file a claim referencing the UCC in addition to whatever other claims you may have.

The time period for bringing back a car with the UCC is not unlimited. If you notice a flaw in your car within a fair posession period, you can take back the car. Unfortunately, brand new cars can be typically technically complicated and you might not know whether your product conforms to the contract until long after you purchase the product and problems start to come up. Thus, if Following this posession time period you fail to reject the product, you will be said to have okayed it and might have no claim through the UCC.

The duration of the review time period is not delineated in the statute. Courts determine how long the sensible review period is based on the purchaser's understanding and past experience, the purchaser's trouble in identifying the failing, and the purchaser's opportunity to find the flaw.

In spite of this limit, the UCC stipulates that in certain instances where a consumer is alleged to have accepted goods (i.e. the sensible review time has passed), a consumer can still renounce his approval of those goods where the non-conformity largely cripples the marketability of the goods to him. Those instances include lawsuits in which it proves difficult to come across the nonconformity or the consumer was told that the non-conformity would be repaired. In different words, the court will pardon the consumer from not refusing the goods where the consumer could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a automobile excessively gives out and you have to keep taking it back to the dealer for repair under the written warranty, the automobile lemon law might be your next refuge. The failing must be substantial in which it impedes your driving the vehicle or your safety. A vehicle stalling for no reason would be a substantial failing. This is precisely the type of condition that could hamper your driving and your safety. Under the auto lemon law you are not obliged to show why the auto is stalling, you simply have to prove that it is stalling. In essence you need to check the lemon law in these 3 instances: the auto keeps breaking down within the warranty time period, the auto is a safety risk, the car dealership is unable to repair the auto when it is guaranteed.

If you have a product which is a lemon you can immediately write to the original maker and ask for a replacement product. If this demand is not acceptable to the original maker, you may enter into an arbitration program. A few manufacturing business* use their own arbitration process. Other manufacturing business* utilize outside arbitration program like Autoline by the BBB. The assessment of the arbitrators is binding on the original maker but not on the buyer. If unsatisfied with the recommendation, the buyer can take the original maker to court.

Virtually all laws specify that the purchaser should be restored back to the fiscal status they were in before they purchased the vehicle, less the amount that the purchaser benefited from by using the vehicle. To get the repayment amount many factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some almost new pre-owned vehicles may qualify under regular lemon laws. For example, a pre-owned auto 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 which do have a pre-owned car lemon law may be more generous with the age and amount of mileage. Still, the car must be sold by a dealer that provides a written warranty. Personal sales aren't regulated, nor are cars sold under a specific original price paid. There might be additional restrictions to a used car lemon law such as the proposes for which the vehicle is pre-owned or the categorisation of vehicle. Older cars, are commonly excluded from pre-owned car lemon laws. Used car lemon laws normally cover a much shorter period than brand new car laws. They usually range from 30 to 90 days, depending on your pre-owned car's mileage.
When choosing a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the laws that apply to your state. Also enquire about the fee program. Many lemon law lawyers require a rather modest retainer to address a lemon law claim, and thereafter, the attorney's invoices are sent to the manufacturer. Thus, lemon law claims are usually very affordable to consumers. The reimbursement of lawyer charges differs from state to state. About half of the states let you to recover your Lawyer bills if you win. The lawyer's fee is based on actual time logged rather than being bound to any other portion of the recovery. In many States, you have to pay the manufacturer's lawyer's invoices if you lose.

Consumers ought to record their charges in writing and hold a copy. In every written communication, always explain how problematic it is to return the motor vehicle to the dealership for work and that the reliability that the customer believed He was receiving has been non-existent. Any written communication with a car dealership or manufacturer ought to be sent using certified mail service. In virtually all instances the manufacturing business* claim that they haven't had the required number of efforts to fix the condition. They bet on the fact that the customer doesn't keep repair orders for each occurance they have taken the motor vehicle into the repair facility. They also bet on the possibility that the repair orders have seperate things fixed every time establishing that they have not fixed the same condition. Consumers ought to respond by demanding that dealerships always hand them a warranty repair order. Consumers ought to also contend that these undocumented trips are attempts.

Make sure to be knowledgeable of your lemon law rights. Upon purchase, immediately read your owner's binder and warranty references thoroughly, along with the data with respect to lemon law rights which you ought to obtain when you choose your motor vehicle. Don't count on your dealer to outline which problems are covered by warranty. If your dealer states that a condition isn't covered and you believe that she is purposely deceiving you, be composed but confident. Don't be frighted to go over the part of the warranty that is relevant, or to call the original maker for substantiation applying the contact information included in your owner's binder. You shouldn't have to pay for corrections pertained to lemon law complaints. It's also important to notify the original maker of a complaint promptly. If you suspect that your vehicle has a condition which can't be repaired, look into your lemon law rights to see when you are able to file 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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