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

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

815.380.1

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

815.380.2 Definitions.

For the purposes of this Act, the following words have the meanings ascribed to them in this Section.

(a) "Consumer" means an individual who purchases or leases for a period of at least one year a new vehicle from the seller for the purposes of transporting himself and others, as well as their personal property, for primarily personal, household or family purposes.

(b) "Express warranty" has the same meaning, for the purposes of this Act, as it has for the purposes of the Uniform Commercial Code.

(c) "New vehicle" means a passenger car, as defined in Section 1-157 of The Illinois Vehicle Code, a motor vehicle of the Second Division having a weight of under 8,000 pounds, as defined in Section 1-146 of that Code, and a recreational vehicle, except for a camping trailer or travel trailer that does not qualify under the definition of a used motor vehicle, as set forth in Section 1-216 of that Code.

(d) "Nonconformity" refers to a new vehicle's failure to conform to all express warranties applicable to such vehicle, which failure substantially impairs the use, market value or safety of that vehicle.

(e) "Seller" means the manufacturer of a new vehicle, that manufacturer's agent or distributor or that manufacturer's authorized dealer. "Seller" also means, with respect to a new vehicle which is also a modified vehicle, as defined in Section 1-144.1 of The Illinois Vehicle Code, as now or hereafter amended, the person who modified the vehicle and that person's agent or distributor or that person's authorized dealer. "Seller" also means, with respect to leased new vehicles, the manufacturer, that manufacturer's agent or distributor or that manufacturer's dealer, who transfers the right to possession and use of goods under a lease.

(f) "Statutory warranty period" means the period of one year or 12,000 miles, whichever occurs first after the date of the delivery of a new vehicle to the consumer who purchased or leased it.

(g) "Lease cost" includes deposits, fees, taxes, down payments, periodic payments, and any other amount paid to a seller by a consumer in connection with the lease of a new vehicle.

815.380.3 Failure of vehicle to conform; remedies; presumptions.

(a) If after a reasonable number of attempts the seller is unable to conform the new vehicle to any of its applicable express warranties, the manufacturer shall either provide the consumer with a new vehicle of like model line, if available, or otherwise a comparable motor vehicle as a replacement, or accept the return of the vehicle from the consumer and refund to the consumer the full purchase price or lease cost of the new vehicle, including all collateral charges, less a reasonable allowance for consumer use of the vehicle. For purposes of this Section, "collateral charges" does not include taxes paid by the purchaser on the initial purchase of the new vehicle. The retailer who initially sold the vehicle may file a claim for credit for taxes paid pursuant to the terms of Sections 6, 6a, 6b, and 6c of the Retailers' Occupation Tax Act. Should the vehicle be converted, modified or altered in a way other than the manufacturer's original design, the party which performed the conversion or modification shall be liable under the provisions of this Act, provided the part or parts causing the vehicle not to perform according to its warranty were altered or modified.

(b) A presumption that a reasonable number of attempts have been undertaken to conform a new vehicle to its express warranties shall arise where, within the statutory warranty period,

(1) the same nonconformity has been subject to repair by the seller, its agents or authorized dealers during the statutory warranty period, 4 or more times, and such nonconformity continues to exist; or

(2) the vehicle has been out of service by reason of repair of nonconformities for a total of 30 or more business days during the statutory warranty period.

(c) A reasonable allowance for consumer use of a vehicle is that amount directly attributable to the wear and tear incurred by the new vehicle as a result of its having been used prior to the first report of a nonconformity to the seller, and during any subsequent period in which it is not out of service by reason of repair.

(d) The fact that a new vehicle's failure to conform to an express warranty is the result of abuse, neglect or unauthorized modifications or alterations is an affirmative defense to claims brought under this Act.

(e) The statutory warranty period of a new vehicle shall be suspended for any period of time during which repair services are not available to the consumer because of a war, invasion or strike, or a fire, flood or other natural disaster.

(f) Refunds made pursuant to this Act shall be made to the consumer, and lien holder if any exists, as their respective interests appear.

(g) For the purposes of this Act, a manufacturer sells a new vehicle to a consumer when he provides that consumer with a replacement vehicle pursuant to subsection (a).

(h) In no event shall the presumption herein provided apply against a manufacturer, his agent, distributor or dealer unless the manufacturer has received prior direct written notification from or on behalf of the consumer, and has an opportunity to correct the alleged defect.

815.380.4

(a) The provisions of subsection (a) of Section 3 shall not apply unless the consumer has first resorted to an informal settlement procedure applicable to disputes to which that subsection would apply where

(1) The manufacturer of the new vehicle has established such a procedure;

(2) The procedure conforms:

(i) substantially with the provisions of Title 16, Code of Federal Regulation, Part 703, as from time to time amended, and

(ii) to the requirements of subsection (c); and

(3) The consumer has received from the seller adequate written notice of the existence of the procedure. Adequate written notice includes but is not limited to the incorporation of the informal dispute settlement procedure into the terms of the written warranty to which the vehicle does not conform.

(b) If the consumer is dissatisfied with the decision reached in an informal dispute settlement procedure or the results of such a decision, he may bring a civil action to enforce his rights under subsection (a) of Section 3. The decision reached in the informal dispute settlement procedure is admissible in such a civil action. The period of limitations for a civil action to enforce a consumer's rights or remedies under subsection (a) of Section 3 shall be extended for a period equal to the number of days the subject matter of the civil action was pending in the informal dispute settlement procedure.

(c) A disclosure of the decision in an informal dispute settlement procedure shall include notice to the consumer of the provisions of subsection (b).

815.380.5

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

815.380.6

Any action brought under this Act shall be commenced within eighteen months following the date of original delivery of the motor vehicle to the consumer.

815.380.7

The seller who sells a new vehicle to a consumer, shall, upon delivery of that vehicle to the consumer, provide the consumer with a written statement clearly and conspicuously setting forth in full detail the consumer's rights under subsection (a) of Section 3, and the presumptions created by subsection (b) of that Section.

815.380.8

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

Essentially, the Lemon Laws stipulate that if you purchase (and in most states, lease) a brand new or pre-owned vehicle or other car covered by a manufacturer's warranty that does not work consistently, and the original producer can't repair it even with repeated efforts (in a limited time that varies from state to state), or if the car is not drivable for a stipulated period (typically 30 days) because of its defects, you are entitled to a wide number of abuses, inclusive of:

1. Money restitution
2. A refund of the cost
3. A brand new vehicle
Moreover, nearly all of the Lemon Laws (as well as the Federal Warranty Law) incorporate a fee switching element which provides that if you win your case, the manufacturing business or dealership that sold you the lemon is obliged to pay laywers' fees.


Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has its own Lemon Law statute. Even though the wording of each state's statute vary, the general state Lemon Law statute offers remedy for consumers with a faulty motor vehicle covered by a warranty if:

1. The dealership or manufacturing business cannot legitimately repair a particular fault in the product after a fair number of repair attempts (commonly at least three);
2. The car cannot be driven for at least 30 days due to troubles in the motor vehicle; or
3. The dealer or manufacturing business just can not remedy a failing that is a pressing safety risk.

Most of the time, a bad automobile is a automobile with a condition or affliction that frequently impares its use, value, or safety to the consumer and doesn't maintain the standard of the warranty. In most instances, the period during which the Lemon Laws apply are rather short; the defects and consequential repair efforts (or out-of-service period) usually will happen during the first two-years or 24,000 miles that you own the automobile. However, a number of states have even shorter time periods. Also, almost all states have notification and trigger requirements, such as asking the consumer to send registered post notice to the manufacturing business of the faults and establishing the car dealership an option to remedy the vehicle. In addition, many states necessitate that Lemon Law lawsuits be resolved through an arbitration program.

Generally, state Lemon Law regulation codes also apply to leased cars and used automobiles bought whilst under the manufacturer's basic warranty. A good number of state Lemon Laws also are applicable to automobiles other than passenger vehicles. depending upon the customer's home state, or the state in which the consumer purchased the vehicle, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Boats
-Other consumer items (such as computers)
There are a number of effective remedies available under the Lemon Laws. American Statesently, if the manufacturing business can't fix the motor vehicle, the consumer can either expect the manufacturing business to replace the vehicle, or obligate the manufacturing business to take back the vehicle and refund the original price paid together with incidental damages, such as all bills, towing fees, repair charges, related travel costs and other costs incurred by the consumer as a result of the faults in the vehicle. Another important resolution available under most Lemon Laws is attorneys' expenses. In many states, if you win in a Lemon Law lawsuit, you will not have to pay any litigation charges-the automobile manufacturing business that sold you your lemon is obligated to pay attorney's expenses.

The defendant car original equipment manufacturer can utilize several defenses to a Lemon Law claim. The average regulation extends that the manufacturer is not guilty if it can establish that the troubles in dispute happened due to malevolence, carelessness, or the alteration or modification of a vehicle by persons other than the maker, its agent, or an authorized repair facility. In other words, if the consumer dismantles his or her own automobile, or the defects were caused by modifications or changes executed by an unauthorized dealer, the maker may not be liable.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that regulates consumer merchandise warranties. Ratified by Congress in 1975, the Magnuson Moss Act requires manufacturing business and dealers of consumer commodities to provide consumers with explanatory data about warranty coverage claims. In addition, it shapes both the rights of public consumers and the responsibilities of warrantors under original warranties.

Even though the Magnuson Moss Act does not require an car maker to provide consumers 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 consumers to sue for breach of warranty by making breach of warranty an infraction of federal law, and by allowing for purchasers to recoup legal charges and reasonable laywers' fees.

The Magnuson Moss Act is frequently beneficial in a lemon situation where, for some reason, a state Lemon Law claim is not possible or otherwise unfit. For example, divaricate from the rather short cycle offered to customers with many Lemon Laws, you could file a claim for breach of warranty after the warranty period has passed as long as the defects occured during the warranty time period. Additionally, although many Lemon Laws limit their coverage to a very specific group of vehicles, the Magnuson Moss Act applies to just about all consumer products. The Magnuson Moss Act could also apply if you purchased or leased a expended car without a manufacturer's warranty, or if the car is covered by a service agreement or other type of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been enacted in every state. It is the prime basis of law governing consumer warranties, including cars and other items. The UCC offers another legal channel for customers with lemon problems.

UCC code states that the consumer of a good is entitled to return merchandise which fail in any feature to the agreement. Essentially, if your brand new car does not function as guaranteed by the manufacturing business (your original warranty is a portion of your consumer warranty), you can file a claim referencing the UCC in addition to any additional claims you may have.

The period of time for taking back a vehicle with the UCC is not limitless. If you identify a flaw in your automobile inside a sensible inspection time period, you can reject the automobile. Unfortunately, new vehicles are often mechanically complicated and you may not recognize if your item conforms to the agreement till long after you purchase the item and defects begin to come up. So, if Long after this inspection time period you don't return the item, you will be pronounced to have o.K.ed it and may have no claim through the UCC.

The length of the review time period is not delineated in the regulation. State courts determine how long the reasonable inspection period is based on the buyer's familiarity and past experience, the buyer's difficulty in coming upon the fault, and the buyer's chance to reveal the failing.

In spite of this limitation, the UCC says that in certain cases where a buyer is said to have approved of products (i.e. the reasonable inspection period has elapsed), a buyer can still negate his approval of those goods where the non-conformity largely impares the economic value of the goods to him. Those instances include examples where it was arduous to discover the nonconformity or the buyer was assured that the non-conformity would be remedied. Put differently, the local court will exempt the buyer from not refusing the goods where the buyer could not have fairly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a vehicle excessively breaks and you have to keep taking it back to the dealership for repair under the written warranty, the motor vehicle lemon law may be your next course of action. The gremlin must be substantive in which it prohibits your driving the product or your safety. A product stalling constantly would be a substantive gremlin. This is exactly the type of problem that may hamper your driving and your safety. Under the car lemon law you are not obligated to demonstrate why the auto is stalling, you only have to demonstrate that it is stalling. Basically you need to check over the lemon law in these three cases: the auto keeps dying within the warranty period, the auto is a safety risk, the dealership is incapable to restore the auto when it is warranted.

If you own a product which is a lemon you can immediately write to the original maker and ask for another equivalent product. If this requirement is not satisfactory to the original maker, you could enter into an arbitration arrangement. A few makers have their own arbitration program. Other makers employ outside arbitration program including Autoline by the BBB. The proposal of the arbitrators is binding on the original maker but not on the purchaser. If unsatisfied with the proposal, the purchaser can take the original maker to court.

Virtually all regulations stipulate that the purchaser must be returned back to the fiscal position they were in prior to purchasing the automobile, less the amount that the purchaser profited from by using the automobile. To get the payback amount 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 nearly new used motor vehicles might qualify under basic lemon laws. For example, a pre-owned auto may fall under regular lemon laws if it is less than 1 year old and has less than 12,000 miles on the odometer. States that do have a used auto lemon law may be more generous with the age and measure of mileage. Still, the car needs to be sold by a car dealership that supplies a written warranty. Private sales are not governed, nor are cars sold under a specific original price paid. There may be additional restrictions to a used car lemon law such as the purposes in which the automobile is utilized or the classification of automobile. Vintage cars, are ordinarily excluded from pre-owned car lemon laws. Used car lemon laws commonly cover a much shorter time period than new car ordinances. They usually range from 30 to 90 days, depending on your used automobile's mileage.
When selecting 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 lawyers call for a generally modest retainer to handle a lemon law claim, and subsequently, the lawyer's bills are charged to the original producer. Therefore, lemon law claims are normally very low-cost to purchasers. The reimbursement of lawyer bills differs from state to state. About one-half of the states allow for you to recover your Attorney invoices if you win. The attorney's fee is based upon actual time used rather than being bound to any other portion of the recovery. In many States, you must pay the manufacturing business* attorney's fees if you lose.

Consumers ought to place their concerns in writing and keep a copy. In any written correspondence, always explain how problematic it is to bring the automobile to the dealership for repairs and that the reliability that the customer believed She was acquiring has been non-existent. Any written correspondence with a dealership or original producer ought to be sent using certified mail. In almost all cases the makers claim that they haven't had the requisite number of tries to fix the condition. They bet on the fact that the customer does not retain repair receipts for each time they have driven the auto into the shop. They also depend on the possibility that the repair receipts have seperate parts fixed every period demonstrating that they have not repaired the same problem. Consumers should respond by asking that authorized dealerships always give them a warranty repair ticket. Consumers should also indicate that these unwritten trips are efforts.

Make sure to be knowledgeable of your rights under the lemon laws. Upon purchase, immediately page through your owner's folder and warranty information thoroughly, along with the data concerning lemon law rights that you should receive when you buy your car. Don't depend on your car dealership to show you what defects are covered by warranty. If your dealer states that a problem isn't covered and you think that he or she is decieving you, be polite but self-assertive. Don't be afraid to produce the segment of the warranty that is relevant, or to call the original producer for substantiation applying the contact information included inside your owner's folder. You should not have to pay for repairs associated to lemon law complaints. It's also necessary to notify the original producer of a complaint promptly. If you are suspicious that your automobile has a problem which just can't be fixed, check out 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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