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

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

815.380.1

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

815.380.2 Definitions.

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

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

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

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

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

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

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

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

815.380.3 Failure of vehicle to conform; remedies; presumptions.

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

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

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

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

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

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

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

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

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

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

815.380.4

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

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

(2) The procedure conforms:

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

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

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

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

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

815.380.5

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

815.380.6

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

815.380.7

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

815.380.8

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

Although it varies from state to state, the Lemon Laws stipulate that if you acquire (and in many states, lease) a new or used car or other car with a manufacturer's warranty that does not work consistently, and the original maker just can not restore it in spite of persistent tries (inside a defined time that fluctuates from state to state), or if the automobile is out of service for a designated time (generally 30 days) due to its defects, you are qualified to a wide range of damage settlements, inclusive of:

1. Monetary damages
2. A refund of the cost
3. A new car
In addition, nearly all the Lemon Laws (and the Federal Warranty Law) have a fee changing element that says that if you win your case, the manufacturer or dealership that sold you the lemon is obliged to pay attorneys' invoices.


Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has a different Lemon Law statute. Even though the protections of each state's statute vary, the conventional state Lemon Law statute affords assistance for consumers with a unsound vehicle purchased with a warranty if:

1. The dealership or original equipment manufacturer cannot rightly repair a specific defect in the automobile after a sensible number of repair tries (usually at least three);
2. The motor vehicle can't be used for at least 30 days due to flaws in the vehicle; or
3. The dealership or original equipment manufacturer can't remedy a problem that is a significant safety risk.

By and large, a faulty automobile is a automobile with a defect or trouble that frequently cripples its use, marketability, or safety to the consumer and does not conform to the written warranty. In most instances, the time period in which the Lemon Laws are applicable are relatively short; the problems and subsequent repair attempts (or out-of-service time period) usually will happen during the first 2-years or 24,000 miles in which the purchaser owns the car. However, a number of states have even shorter time periods. Also, almost all states have notice and initiation requirements, such as requiring the consumer to send out registered post notice to the original producer of the defects and presenting the car dealership a period to repair the motor vehicle. Additionally, numerous states demand that Lemon Law cases be resolved through an arbitration process.

Generally, state Lemon Law regulations also are applicable to leased cars and preowned cars purchased while under the manufacturing business* basic warranty. A lot of state Lemon Laws also are applicable to automobiles other than passenger automobiles. depending upon the customer's state of residence, or the state in which the consumer bought the vehicle, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Boats
-Other consumer products (like computers)
There are many robust resolutions possible under the Lemon Laws. Statesently, if the original producer just can not correct the motor vehicle, the consumer can either demand the original producer to replace the automobile, or make the original producer to take back the automobile and repay the original cost together with accompanying damages, like all charges, towing fees, repair charges, related transportation costs and other damages incurred by the consumer as a consequence of the flaws in the vehicle. Another important solution available under most Lemon Laws is laywers' fees. In virtually all states, if you win in a Lemon Law lawsuit, you do not have to pay any attorneys' bills-the auto maker that sold you your lemon is expected to pay for your court bills.

The defendant car original producer can assert many defenses to a Lemon Law claim. The standard regulation affords that the original producer is not guilty if it can establish that the shortcomings in question happened due to maltreatment, forget about, or the tampering or alteration of a vehicle by persons other than the original maker, its agent, or an authorized repair facility. In other words, if the consumer maltreats his or her own automobile, or the flaws were caused by tampering or alterations carried out by an unauthorized person, the original maker might not be liable.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that moderates consumer merchandise warranties. Sanctioned by Congress in 1975, the Magnuson Moss Act requires manufacturers and marketers of consumer commodities to give customers comprehensive info about warranty coverage benefits. In addition, it sets both the rights of consumers and the responsibilities of warrantors under written warranties.

Although the Magnuson Moss Act doesn't demand an auto original producer to provide customers with a warranty, if a warranty is furnished, the Magnuson Moss Act offers numerous protections for the consumer. The Magnuson Moss Act makes it easier for buyers to sue for not honoring the warranty by making breach of warranty a violation of federal law, and by allowing public consumers to recuperate litigation costs and sensible attorney's charges.

The Magnuson Moss Act is frequently beneficial in a lemon lawsuit in which, for some reason, a state Lemon Law claim is not applicable or furthermore unfit. For instance, contrary to the relatively short period of time offered to public consumers with many Lemon Laws, you could bring a claim for breach of warranty after the warranty period has passed as long as the defects happened during the warranty time period. Also, although some Lemon Laws restrict their coverage to a narrow group of vehicles, the Magnuson Moss Act is relevant to nearly all consumer items. The Magnuson Moss Act may also apply if you purchased or leased a preowned motor vehicle without a manufacturer's warranty, or if the motor vehicle is covered by a service contract or other variety of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in all states. It is the principal agent of law governing product warranties, including automobiles and other items. The UCC affords another legal route for consumers with lemon problems.

UCC code provides that the buyer of a good is entitled to return merchandise that break in any regard to the consumer warranty. So, if your brand new item does not work as endorsed by the maker (your written warranty is a portion of your agreement), you may have a claim citing the UCC in addition to any other claims you might have.

The period for taking back a motor vehicle with the UCC is not limitless. If you notice a gremlin in your motor vehicle inside a fair review time period, you may refuse the automobile. Unfortunately, brand new cars are frequently mechanically complex and you may not acknowledge if your vehicle conforms to the warranty till after you purchase the vehicle and troubles begin to come up. Essentially, if After this review period you don't return the vehicle, you will be pronounced to have okayed it and might have no claim through the UCC.

The length of the review period is not defined in the regulation. The Courts determine how long the fair inspection period is based on the buyer's proficiency and past experience, the buyer's difficulty in observing the failing, and the buyer's chance to observe the problem.

In spite of this limit, the UCC stipulates that in certain cases where a buyer is alleged to have accepted products (i.e. the fair inspection time period has elapsed), a buyer can still rescind his acceptance of those products where the non-conformity substantially impares the marketability of the products to him. Those instances include circumstances where it is arduous to see the nonconformity or the buyer was assured that the non-conformity would be remedied. Re-stated, the local court will exempt the buyer from not having rejected the products where the buyer could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a car excessively gives out and you have to keep taking it back to the dealership for repair under the written warranty, the auto lemon law might be your next recourse. The deficiency should be significant in which it impedes your driving the automobile or your safety. A automobile stalling for no reason would be a significant deficiency. This is precisely the type of problem that may hamper your driving and your safety. Under the motor vehicle lemon law you are not required to establish why the motor vehicle is stalling, you merely have to establish that it is stalling. Essentially you need to look into the lemon law in these three instances: the motor vehicle keeps failing within the warranty time period, the motor vehicle is a safety risk, the dealership is incapable to rebuild the motor vehicle when it is warranted.

If you own a product which is a lemon you can directly write to the original equipment manufacturer and ask for another equivalent product. If this demand is not satisfactory to the original equipment manufacturer, you may start into an arbitration process. A few manufacturing business* have their own arbitration process. Other manufacturing business* utilise third party arbitration program like Autoline by the Better Business Bureau. The proposal of the arbitrators is binding on the original equipment manufacturer but not on the owner. If unsatisfied with the proposal, the owner can take the original equipment manufacturer to court.

Virtually all ordinances provide that the owner ought to be returned back to the fiscal status they were in before they purchased the car, less the amount of money that the owner benefited from by using the car. To get the refund total many factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some virtually new used vehicles will qualify under normal lemon laws. For example, a pre-owned motor vehicle may fall under normal lemon laws if it is less than a year old and has less than 12,000 miles on the odometer. States that do have a used car lemon law might be more generous with the age and measure of mileage. Still, the car needs to be sold by a car dealership that provides a warranty. Private sales are not involved, nor are automobiles sold under a certain original cost. There may be other restrictions to a used car lemon law such as the purposes in which the car is driven or the categorization of car. Vintage cars, are ordinarily excluded from pre-owned car lemon laws. Used car lemon laws commonly cover a much shorter time period than brand new car ordinances. They frequently range from 30 to 90 days, based on your used vehicle's mileage.
When choosing an attorney for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that are applicable to your state. Also enquire about the pricing program. Many lemon law attorneys require a generally small retainer to manage a lemon law claim, and thereafter, the attorney's bills are sent to the maker. Therefore, lemon law claims are ordinarily very inexpensive to consumers. The reimbursement of lawyer charges differs from state to state. About one-half of the states provide for you to recuperate your Lawyer bills if you win. The lawyer's fee is based upon actual time logged instead of being attached to any other percent of the recovery. In some States, you must pay the manufacturer's lawyer's bills if you lose.

Consumers should register their charges in writing and keep a copy. In all written correspondence, always explain how difficult it is to bring the automobile to the dealership for corrections and that the dependability that the consumer believed He was getting has been non-existent. Any written correspondence with a car dealership or maker needs to be sent using certified mail service. In most situations the manufacturing business* claim that they haven't had the essential number of endeavors to repair the condition. They rely on the reality that the consumer does not retain repair receipts for each occurance they have driven the vehicle into the authorized repair facility. They also rely on the fact that the repair receipts have seperate items repaired every period evidencing that they haven't fixed the same defect. Consumers should respond by expecting that authorized dealerships always present them a warranty repair ticket. Consumers should also debate that these unwritten visits are tries.

Make sure to be mindful of your rights under the lemon laws. Upon purchase, immediately page through your owner's manual and warranty references entirely, and the data with respect to lemon law rights which you should receive when you choose your vehicle. Don't bet on your car dealership to tell you what troubles are covered by warranty. If your car dealership states that a defect isn't covered and you think that he or she is purposely misleading you, be composed but assertive. Don't be scared to produce the part of the warranty that is relevant, or to call the original equipment manufacturer for confirmation utilizing the contact info included inside your owner's manual. You should not be obliged pay for corrections connected to lemon law complaints. It's also crucial to advise the original equipment manufacturer of a complaint right away. If you are suspicious that your automobile has a condition that 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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