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.

Put simply, the Lemon Laws stipulate that if you acquire (and in some states, lease) a brand new or pre-owned car or other car under warranty that repeatedly breaks down, and the manufacturing business cannot recondition it even with recurring efforts (in a designated time limit that varies from state to state), or if the motor vehicle is not usable for a defined period of time (typically 30 days) due to its troubles, you are entitled to a wide number of abuses, inclusive of:

1. Money restitution
2. A repayment of your purchase price
3. A new automobile
Also, just about all the Lemon Laws (as well as the Federal Warranty Law) incorporate a fee shifting mechanism that stipulates that if you win your lawsuit, the manufacturing business or dealer that sold you your lemon is forced to repay you for attorneys' fees.


Lemon Law Statutes
State Lemon Law Regulations
Each of the 50 states has a unique Lemon Law statute. Although the verbiage of each state's statute vary, the conventional state Lemon Law statute offers aid for buyers with a broken-down automobile purchased with a warranty if:

1. The dealer or manufacturing business just can't accurately fix a particular flaw in the item after a sensible number of repair efforts (generally at least three);
2. The car can't be used for at least 30 days due to flaws in the car; or
3. The dealership or manufacturing business can't fix a deficiency that is a major safety risk.

By and large, a faulty automobile is a automobile with a defect or condition that considerably cripples its function, economic value, or safety to the consumer and does not conform to the warranty. In most instances, the period during which the Lemon Laws are applicable are relatively short; the faults and consequential repair attempts (or out-of-service period of time) occasionally must take place during the first 2-years or 24,000 miles that you own the car. However, a number of states have even shorter time periods. In addition, most states have notification and initiation requirements, such as requiring the consumer to give registered post notice to the manufacturer of the faults and establishing the dealership a chance to correct the motor vehicle. Moreover, various states require that Lemon Law cases be settled through an arbitration process.

Generally, state Lemon Law ordinances also are applicable to leased vehicles and preowned vehicles purchased whilst under the manufacturing business* written warranty. A lot of state Lemon Laws also are applicable to vehicles other than passenger cars. depending on the buyer's state of residence, or the state in which the consumer purchased the automobile, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer products (like computers)
There are many effective resolutions available under the Lemon Laws. Frequently, if the original maker cannot correct the motor vehicle, the consumer may either call for the original maker to replace the car, or make the original maker to reposess the car and payback the original cost including incidental damages, like all bills, towing charges, repair costs, related travel charges and other costs incurred by the consumer as a result of the defects in the car. Another important solution available under most Lemon Laws is legal expenses. In many states, if you prevail in a Lemon Law suit, you will not have to pay any legal expenses-the car original equipment manufacturer that sold you your lemon is obligated to pay your attorneys' expenses.

The defendant car original equipment manufacturer can employ assorted defenses to a Lemon Law claim. The typical regulation affords that the original equipment manufacturer is not responsible if it can demonstrate that the flaws at issue happened due to misdeed, disregard, or the alteration or modification of a automobile by persons other than the manufacturer, its agent, or an authorized repair facility. Put differently, if the consumer dismantles his or her own motor vehicle, or the shortcomings were a consequence of tampering or changes carried out by an unauthorized dealer, the manufacturer could 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. Passed by Congress in 1975, the Magnuson Moss Act requires manufacturing business and vendors of consumer items to give customers explanatory info about warranty coverage claims. Also, it infects both the rights of public consumers and the obligations of warrantors under manufacturer warranties.

Although the Magnuson Moss Act does not require an car manufacturing business to furnish purchasers with a warranty, if a warranty is provided, the Magnuson Moss Act extends several protections for the consumer. The Magnuson Moss Act makes it easier for consumers to sue for violating the warranty by making breach of warranty an infraction of federal law, and by allowing customers to recoup litigation costs and reasonable laywers' expenses.

The Magnuson Moss Act is often applicable in a lemon suit in which, for some reason, a state Lemon Law claim is not available or furthermore unsuited. For example, contrary to the generally short period offered to customers within virtually all Lemon Laws, you could bring a claim for breach of warranty after the warranty period has expired as long as the problems occurred during the warranty time period. Furthermore, although many Lemon Laws restrict their coverage to a very specific list of motor vehicles, the Magnuson Moss Act applies to nearly all consumer goods. The Magnuson Moss Act might also apply if you bought or leased a preowned automobile without a manufacturer's warranty, or if the automobile is covered by a service agreement or other form of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in all 50 U.S. states. It is the principal basis of law regulating consumer warranties, including cars and other items. The UCC affords another legal avenue for consumers with lemon troubles.

UCC code stipulates that the purchaser of a good is entitled to return goods which break in any way to the consumer warranty. Essentially, if your recently purchased item does not function as bound by the original equipment manufacturer (your original warranty is a portion of your consumer warranty), you can have a claim citing the UCC in addition to any other claims you might have.

The period of time for returning a car with the UCC is not limitless. If you reveal a flaw in your motor vehicle within a reasonable inspection time period, you can reject the automobile. Unfortunately, new automobiles can be often mechanically complex and you may not understand if your automobile conforms to the consumer warranty until after you buy the automobile and troubles start to come up. Therefore, if Following this inspection time you fail to take back the automobile, you will be deemed to have accepted it and will have no claim through the UCC.

The length of the inspection period is not delineated in the regulation. State courts determine how long the fair inspection period is based on the buyer's expertise and past experience, the buyer's trouble in revealing the gremlin, and the buyer's opportunity to reveal the gremlin.

In spite of this limit, the UCC says that in certain instances where a buyer is stated to have approved of products (i.e. the fair inspection time period has passed), a buyer can still recant his acceptance of those goods where the non-conformity largely impairs the value of the goods to him. Those examples include instances where it proves hard to identify the nonconformity or the buyer was guaranteed that the non-conformity would be remedied. Re-stated, the local court will exempt the buyer from not rejecting the goods where the buyer could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a vehicle excessively fails and you have to keep taking it back to the dealership for repair under the warranty, the automobile lemon law may be your next refuge. The failing should be substantial where it hinders your driving the product or your safety. A product stalling frequently would be a substantial failing. This is precisely the type of problem that may hamper your driving and your safety. Under the car lemon law you are not required to prove why the car is stalling, you only have to establish that it is stalling. In essence you need to check out the lemon law in these 3 situations: the car keeps breaking down within the warranty period, the car is a safety risk, the dealer is incapable to correct the car when it is warranted.

If you own a product which is a lemon you can directly write to the maker and ask for another equivalent product. If this demand is not acceptable to the maker, you may move into an arbitration process. A few makers incorporate their own arbitration program. Other makers have outside arbitration program including Autoline by the BBB. The judgment of the arbitrators is binding on the maker but not on the buyer. If unsatisfied with the proposal, the buyer can take the maker to court.

Virtually all ordinances state that the buyer should be restored back to the fiscal position they were in prior to purchasing the motor vehicle, less the amount that the buyer benefited from by using the motor vehicle. To get the payback total a number of 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 cars will qualify under basic lemon laws. For example, a pre-owned car may fall under normal lemon laws if it is less than 1 year old and has fewer than 12,000 miles on the odometer. States that do have a used car lemon law might be extra accommodative with the age and measure of mileage. Still, the car must be sold by a dealership that provides a warranty. Private sales aren't regulated, nor are cars sold under a stated original price paid. There might be additional restrictions to a used car lemon law such as the proposes in which the motor vehicle is pre-owned or the classification of motor vehicle. Older automobiles, are normally excluded from used car lemon laws. Used car lemon laws normally cover a much shorter time period than brand new car regulations. They oftentimes range from 30 to 90 days, depending on your used vehicle's mileage.
When choosing an attorney for your lemon case, make sure that your lawyer is knowledgeable about the laws that are applicable to your state. Also enquire about the pricing program. Many lemon law attorneys require a generally small retainer to handle a lemon law claim, and subsequently, the attorney's fees are billed to the manufacturer. Therefore, lemon law claims are generally very affordable to consumers. The reimbursement of attorney bills differs from state to state. About one-half of the states allow you to recover your Lawyer charges if you win. The attorney's fee is based upon actual time expended rather than being tied to any other portion of the recovery. In many States, you will pay the manufacturer's attorney's invoices if you lose.

Consumers ought to put their charges in writing and retain a copy. In every written correspondence, always describe how burdensome it is to return the vehicle to the dealer for corrections and that the reliability that the customer believed She was receiving has been non-existent. Any written correspondence with a dealership or manufacturer ought to be sent using certified mail service. In virtually all cases the makers claim that they haven't had the necessary number of tries to repair the defect. They rely on the fact that the customer doesn't have repair sheets for each instance they have taken the auto into the authorized repair facility. They also bet on the possibility that the repair sheets have seperate items repaired every period establishing that they haven't fixed the same problem. Consumers ought to respond by requiring that dealerships always present them a warranty repair ticket. Consumers ought to also debate that these undocumented visits are tries.

Make sure to be knowledgeable of your lemon law rights. Upon purchase, immediately scan your owner's folder and warranty principles thoroughly, and the information with respect to lemon law rights which you ought to obtain when you choose your automobile. Don't rely on your dealership to outline what problems are covered by warranty. If your dealership states that a problem is not covered and you think that he is decieving you, be composed but self-asserting. Don't be afraid to produce the segment of the warranty that applies, or to call the original maker for verification using the contact info included in your owner's folder. You should not be obliged pay for work linked to lemon law complaints. It's also essential to notify the original maker of a complaint right away. If you are suspicious that your car has a defect what can't be remedied, go over 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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