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.

Basically, the Lemon Laws specify that if you acquire (and in several states, lease) a brand new or pre-owned car or other vehicle with a manufacturer's warranty that is found to be damaged after repeated repair attempts, and the original equipment manufacturer just can't repair it in spite of duplicated attempts (within a fixed time limit that fluctuates from state to state), or if the motor vehicle is out of service for a defined time period (generally 30 days) because of its problems, you are eligible to a broad range of breaks, including:

1. Money damage settlements
2. A payback of the original price
3. A brand new automobile
Additionally, nearly all the Lemon Laws (as well as the Federal Warranty Law) incorporate a fee shifting mechanism which provides that if you win your case, the manufacturing business or dealership which sold you your lemon is required to compensate you for laywers' bills.


Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has a unique Lemon Law statute. Even though the attributes of each state's statute are distinct, the typical state Lemon Law statute extends relief to a consumer with a impared car purchased with a warranty if:

1. The car dealership or manufacturing business just can not correctly repair a specific gremlin in the car after a fair number of repair attempts (ordinarily at least 3);
2. The car can't be driven for at least 30 days due to shortcomings in the car; or
3. The dealer or manufacturing business cannot repair a problem that is a severe safety risk.

Usually, a defective vehicle is a motor vehicle with a defect or trouble that considerably degrades its function, economic value, or safety to the consumer and doesn't maintain the standard of the warranty. In most instances, the period of time in which the Lemon Laws are applicable are relatively short; the problems and ensuing repair attempts (or out-of-service time) usually will happen during the first 2-years or 24,000 miles that you own the car. However, a number of states have even shorter periods. Also, most states have notification and trigger prerequisites, such as expecting the consumer to send registered mail notice to the maker of the faults and affording the dealership an opportunity to remedy the automobile. Furthermore, numbers of states require that Lemon Law lawsuits be resolved through an arbitration process.

Generally, state Lemon Law regulations also are applicable to leased cars and used cars purchased whilst under the manufacturing business* written warranty. A number of state Lemon Laws also apply to vehicles other than passenger automobiles. based on the consumer's home residence, or the state in which the consumer bought the automobile, Lemon Laws may apply to:

-RV's
-Motorcycles
-Boats
-Other consumer items (like computers)
There are many powerful resolutions available under the Lemon Laws. American Statesally, if the original maker just can not fix the vehicle, the consumer can either require the original maker to replace the motor vehicle, or make the original maker to take the motor vehicle and refund the purchase price plus accompanying costs, including all charges, towing costs, repair charges, alternative transportation costs and other costs incurred by the consumer as a consequence of the flaws in the motor vehicle. Another important relief possible under most Lemon Laws is laywers' fees. In most states, if you prevail in a Lemon Law suit, you do not have to pay any legal expenses-the auto manufacturing business that sold you your lemon is forced to pay for your attorney's fees.

The defendant car manufacturer can apply assorted defenses to a Lemon Law claim. The common statute extends that the manufacturing business is not guilty if it can affirm that the shortcomings in dispute persisted due to maltreatment, carelessness, or the alteration or tampering of a auto by persons other than the manufacturer, an agent, or an authorized dealer. In other words, if the consumer breaks his or her own motor vehicle, or the problems were the fault of changing or alterations conducted by an unauthorized dealer, the manufacturer might not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that governs consumer merchandise warranties. Passed by Congress in 1975, the Magnuson Moss Act requires manufacturers and vendors of consumer commodities to provide consumers detailed information about warranty coverage. Also, it determines both the rights of customers and the responsibilities of warrantors under manufacturer warranties.

Even though the Magnuson Moss Act doesn't call for an automobile manufacturing business to furnish buyers with a warranty, if a warranty is furnished, the Magnuson Moss Act provides some protections for the consumer. The Magnuson Moss Act makes it more easy for customers to sue for not honoring the warranty by making breach of warranty an infraction of federal law, and by permitting purchasers to recover legal charges and fair attorney's charges.

The Magnuson Moss Act is oftentimes helpful in a lemon lawsuit where, for some reason, a state Lemon Law claim is not applicable or furthermore unfavorable. For example, divaricate from the rather short period offered to consumers inside most Lemon Laws, you could bring a claim for breach of warranty after the warranty period has expired as long as the problems came about during the warranty period. Moreover, although some Lemon Laws restrict their coverage benefits to a very specific list of automobiles, the Magnuson Moss Act is relevant to near all consumer goods. The Magnuson Moss Act might also apply if you bought or leased a preowned car without a manufacturing business 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 ratified in every state. It is the principal agent of law regulating product contracts, including automobiles and other items. The UCC provides an alternative legal route for public consumers with lemon problems.

UCC code stipulates that the consumer of a good is entitled to return product which do not perform in any respect to the consumer agreement. Fundamentally, if your brand new automobile doesn't operate as pledged by the original producer (your written warranty is a portion of your warranty), you can have a claim citing the UCC in addition to any other claims you might have.

The time period for returning a automobile with the UCC is not limitless. If you see a failing in your motor vehicle inside a fair review period, you can refuse the motor vehicle. Unfortunately, brand new cars are typically technically complex and you may not acknowledge whether your automobile conforms to the warranty until after you buy the automobile and defects begin to develop. Basically, if After this review time you fail to reject the automobile, you will be deemed to have accepted it and will have no claim through the UCC.

The duration of the review period is not specified in the statute. Courts determine how long the fair review period is based on the buyer's expertise and past experience, the buyer's trouble in seeing the defect, and the buyer's chance to find the defect.

In spite of this limitation, the UCC stipulates that in certain examples where a buyer is alleged to have accepted goods (i.e. the fair review time has passed), a buyer may still recant his acceptance of those product where the non-conformity considerably impairs the value of the product to him. Those examples include examples in which it was difficult to discover the nonconformity or the buyer was assured that the non-conformity would be repaired. Re-stated, the court will excuse the buyer from not rejecting the product where the buyer could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a auto excessively breaks and you have to keep taking it back to the dealer for repair under the warranty, the auto lemon law might be your next recourse. The flaw must be substantive in which it impedes your driving the vehicle or your safety. A vehicle stalling frequently is a substantive flaw. This is precisely the type of problem that could diminiah your driving and your safety. Under the auto lemon law you are not required to establish why the vehicle is stalling, you merely have to prove that it is stalling. In essence you need to check over the lemon law in these 3 situations: the vehicle keeps dying inside the warranty time period, the vehicle is a safety risk, the car dealership is incapable to recondition the vehicle when it is guaranteed.

If you have a motor vehicle which is a lemon you can immediately write to the original producer and ask for another equivalent motor vehicle. If this request is not satisfactory to the original producer, you can start into an arbitration program. A few makers incorporate their own arbitration program. Other makers use external arbitration program including Autoline by the BBB. The judgment of the arbitrators is binding on the original producer but not on the consumer. If unsatisfied with the assessment, the consumer can take the original producer to court.

Virtually all regulations provide that the customer ought to be returned back to the financial position they were in before they purchased the motor vehicle, less the measure that the customer benefited from by using the motor vehicle. To get the refund amount many components are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some virtually new used motor vehicles might qualify under normal lemon laws. For example, a pre-owned vehicle might fall under regular lemon laws if it is less than 1 year old and has less than 12,000 miles on the odometer. States which do have a pre-owned car lemon law will be extra accommodative with the age and measure of mileage. Still, the car has to be sold by a car dealership that offers a written warranty. Personal sales aren't involved, nor are motor vehicles sold under a specific original cost. There might be additional restrictions to a used car lemon law such as the purposes for which the motor vehicle is utilized or the categorisation of motor vehicle. Classic vehicles, are ordinarily excluded from pre-owned car lemon laws. Used car lemon laws usually cover a much shorter period of time than new car laws. They frequently range from 30 to 90 days, depending on your pre-owned automobile's mileage.
When choosing a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the regulations that are applicable to your state. Also enquire about the fee program. Many lemon law lawyers demand a relatively modest retainer to manage a lemon law claim, and thereafter, the lawyer's bills are sent to the original equipment manufacturer. Therefore, lemon law claims are typically very low-cost to customers. The reimbursement of lawyer bills varies from state to state. About half of the states allow for you to recuperate your Lawyer fees if you win. The lawyer's fee is based upon actual time expended instead of being attached to any other percent of the recuperation. In a select few States, you must pay the manufacturer's attorney's charges if you lose.

Consumers ought to put their concerns in writing and hold a copy. In any written communication, always outline how taxing it is to bring the motor vehicle to the dealer for corrections and that the reliableness that the owner thought He or she was buying has been non-existent. Any written communication with a dealer or original equipment manufacturer should be sent using certified mail service. In many instances the makers claim that they have not had the necessary number of attempts to fix the problem. They rely on the reality that the owner does not have repair receipts for each occurance they have brought the vehicle into the authorized dealership. They also bet on the fact that the repair receipts have different things fixed each occurance proving that they have not fixed the same defect. Consumers ought to reply by requiring that authorized dealerships always send them a warranty repair sheet. Consumers must also debate that these unrecorded visits are efforts.

Make sure to be cognisant of your lemon law rights. Upon purchase, immediately page through your owner's book and warranty info completely, along with the facts pertaining lemon law rights which you should get when you choose your automobile. Don't depend on your dealer to show you what defects are covered by warranty. If your dealer states that a defect is not covered and you think that he or she is purposely deceiving you, be civilized but surefooted. Don't be frighted to bring out the segment of the warranty that applies, or to call the original maker for verification applying the contact data included in your owner's book. You shouldn't have to pay for corrections connected to lemon law complaints. It's also important to advise the original maker of a complaint promptly. If you believe that your motor vehicle has a defect that just can not be remedied, 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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