Illinois Lemon Law Firms and the Illinois lemon law code.

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.

In essence, the Lemon Laws specify that if you purchase (and in various states, lease) a brand new or pre-owned vehicle or other vehicle with a manufacturer's warranty that does not work consistently, and the manufacturing business cannot repair it in spite of repeated tries (in a defined time that varies from state to state), or if the vehicle is in the shop for a stipulated period of time (usually 30 days) because of its flaws, you are qualified to a broad range of maltreats, including:

1. Money damage settlements
2. A payback of the original price
3. A brand new automobile
Additionally, nearly all the Lemon Laws (and the Federal Warranty Law) have a fee transferring element which states that if you win your suit, the original equipment manufacturer or dealer which sold you your lemon is obliged to pay your attorneys' bills.


Lemon Law Statutes
State Lemon Law Regulations
Each of the 50 states has a different Lemon Law statute. Although the protections of each state's statute differ, the conventional state Lemon Law statute offers remedy for buyers with a faulty vehicle sold with a warranty if:

1. The dealer or original equipment manufacturer just can not indisputably fix a specific deficiency in the item after a reasonable number of repair tries (usually at least 3);
2. The automobile can't be driven for at least 30 days due to shortcomings in the car; or
3. The dealership or original equipment manufacturer can't remedy a gremlin that is a vital safety hazard.

In general, a defective motor vehicle is a motor vehicle with a problem or trouble that often cripples its function, marketability, or safety to the consumer and doesn't maintain the standard of the warranty. Frequently, the period of time during which the Lemon Laws apply are relatively short; the defects and consequential repair attempts (or out-of-service period of time) occasionally must happen during the first 2-years or 24,000 miles of consumer ownership of the motor vehicle. However, a number of states have even shorter time periods. Furthermore, most states have notice and trigger prerequisites, such as asking the consumer to give registered mail notice to the original equipment manufacturer of the troubles and affording the dealer a chance to correct the motor vehicle. Moreover, several states demand that Lemon Law cases be adjudicated through an arbitration proceeding.

Generally, state Lemon Law regulation codes also apply to leased vehicles and preowned automobiles bought whilst under the manufacturing business* factory warranty. A good number of state Lemon Laws also apply to vehicles other than passenger vehicles. based on the customer's state of residence, or the state where the consumer bought the automobile, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Boats
-Other consumer commodities (like computers)
There are a number of significant solutions available under the Lemon Laws. US Statesten times, if the manufacturer can't correct the motor vehicle, the consumer may either call for the manufacturer to replace the motor vehicle, or demand the manufacturer to take the motor vehicle and payback the purchase price together with incidental damages, like all fees, towing fees, repair charges, associated transportation costs and other charges incurred by the consumer as a consequence of the defects in the motor vehicle. Another important resolution available under most Lemon Laws is legal expenses. In virtually all states, if you prevail in a Lemon Law case, you do not have to pay any litigation bills-the auto original maker that sold you your lemon is obligated to pay your attorneys' invoices.

The defendant car original producer can implement assorted defenses to a Lemon Law claim. The average statute affords that the manufacturing business is not liable if it can verify that the shortcomings at issue were caused by misuse, disregard, or the tampering or modification of a automobile by somone other than the manufacturing business, an agent, or its authorized dealer. Restated, if the consumer breaks his or her own automobile, or the problems were the fault of tampering or adjustments carried out by an unauthorized dealer, the manufacturing business may not be liable.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that regulates consumer product warranties. Passed by Congress in 1975, the Magnuson Moss Act requires manufacturing business and vendors of consumer commodities to give customers itemized facts about warranty coverage benefits. Also, it affects both the rights of customers and the obligations of warrantors under manufacturer warranties.

Even though the Magnuson Moss Act doesn't call for an vehicle manufacturing business to provide customers with a warranty, if a warranty is furnished, the Magnuson Moss Act affords a number of protections for the consumer. The Magnuson Moss Act makes it more easy for purchasers to sue for violating the warranty by making breach of warranty noncompliance of federal law, and by allowing customers to recoup court costs and reasonable attorneys' charges.

The Magnuson Moss Act is frequently helpful in a lemon situation where, for some reason, a state Lemon Law claim is not possible or furthermore unfavorable. For instance, contrary to the relatively short time provided to purchasers inside many Lemon Laws, you could record a claim for breach of warranty after the warranty period has expired if the defects occurred during the warranty period. Furthermore, although a few Lemon Laws restrict their coverage benefits to a very specific group of cars, the Magnuson Moss Act is relevant to nearly all consumer goods. The Magnuson Moss Act could also be applicable if you bought or leased a preowned motor vehicle without a manufacturing business warranty, or if the motor vehicle is covered by a third party service contract or other variety of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in every U.S. state. It is the foundational basis of law governing consumer warranties, including cars and other items. The UCC affords another legal course for public consumers with lemon problems.

UCC code stipulates that the purchaser of a product is entitled to return merchandise which fail in any aspect to the warranty. So, if your recently purchased motor vehicle doesn't function as warranted by the original maker (your manufacturer warranty is a portion of your warranty), you can file a claim citing the UCC in addition to any additional claims you may have.

The time for rejecting a automobile with the UCC is not unlimited. If you discover a gremlin in your motor vehicle within a reasonable posession time period, you can reject the automobile. Unfortunately, new vehicles can be oftentimes technically complicated and you might not recognize whether your product conforms to the warranty till long after you buy the product and defects begin to come up. Basically, if Following this posession time period you fail to refuse the product, you will be deemed to have o.K.ed it and will have no claim through the UCC.

The length of the review period is not defined in the statute. Courts decide how long the sensible inspection period is based on the purchaser's familiarity and experience, the purchaser's trouble in observing the failing, and the purchaser's opportunity to come across the defect.

In spite of this restriction, the UCC says that in certain examples where a purchaser is alleged to have accepted goods (i.e. the sensible inspection period has passed), a purchaser can still rescind his acceptance of those product where the non-conformity largely impairs the marketability of the product to him. Those cases include suits in which it proves difficult to observe the nonconformity or the purchaser was ensured that the non-conformity would be fixed. Re-stated, the court will relieve the purchaser from not rejecting the product where the purchaser could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a automobile excessively breaks and you have to keep taking it back to the dealership for repair under the warranty, the motor vehicle lemon law may be your next course. The flaw must be substantial in which it intereferes with your driving the car or your safety. A car stalling for no reason is a substantial flaw. This is exactly the type of condition that could hamper your driving and your safety. Under the vehicle lemon law you are not expected to indicate why the automobile is stalling, you merely have to show that it is stalling. Essentially you need to check up on the lemon law in these 3 examples: the automobile keeps breaking within the warranty period, the automobile is a safety hazard, the car dealership is incapable to recondition the automobile when it is warranted.

If you have a vehicle which is a lemon you can immediately write to the original equipment manufacturer and ask for a replacement vehicle. If this demand is not satisfactory to the original equipment manufacturer, you may enter into an arbitration arrangement. A few makers have their own arbitration program. Other makers employ third party arbitration program such as Autoline by the Better Business Bureau. The opinion of the arbitrators is binding on the original equipment manufacturer but not on the consumer. If unsatisfied with the recommendation, the consumer can take the original equipment manufacturer to court.

Virtually all ordinances stipulate that the customer ought to be restored back to the financial situation they were in prior to purchasing the automobile, less the sum that the customer benefited from by using the automobile. To get the refund amount a number of components 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 automobiles might qualify under basic lemon laws. For example, a pre-owned automobile may fall under regular lemon laws if it is less than one year old and has got fewer than 12,000 miles on the odometer. States which do have a pre-owned automobile lemon law will be additionally cooperative with the age and amount of mileage. Still, the automobile needs to be sold by a car dealership that supplies a written warranty. Private party sales are not regulated, neither are vehicles sold under a certain original price paid. There may be additional restrictions to a used car lemon law such as the proposes for which the automobile is used or the categorisation of automobile. Older cars, are commonly excluded from used automobile lemon laws. Used automobile lemon laws ordinarily cover a much shorter period of time than brand new automobile laws. They oftentimes range from 30 to 90 days, depending on your pre-owned vehicle's mileage.
When picking out a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that are applicable to your state. Also enquire about the fee program. Many lemon law lawyers call for a rather small retainer to cover a lemon law claim, and thenceforth, the lawyer's fees are charged to the original producer. Essentially, lemon law claims are generally very affordable to customers. The reimbursement of lawyer expenses differs from state to state. About one-half of the states provide for you to recuperate your Lawyer charges if you win. The lawyer's fee is based on actual time logged instead of being tied to any share of the recuperation. In a select few States, you have to pay the manufacturing business* attorney's fees if you lose.

Consumers should register their charges in writing and hold a copy. In every written correspondence, always describe how taxing it is to bring the auto to the dealer for corrections and that the dependability that the customer believed She was buying has been non-existent. Any written correspondence with a dealership or original producer needs to be sent using certified mail service. In most claims the makers claim that they have not had the required number of attempts to correct the problem. They assume on the knowledge that the customer doesn't have repair sheets for each time they have driven the car into the authorized dealership. They also bet on the possibility that the repair sheets have seperate parts fixed each period proving that they haven't repaired the same defect. Consumers ought to reply by demanding that dealers always grant them a warranty repair sheet. Consumers ought to also contend that these unrecorded trips are efforts.

Make sure to be mindful of your rights under the lemon laws. Upon purchase, immediately scan your owner's folder and warranty info entirely, along with the reference with respect to lemon law rights that you ought to get when you choose your automobile. Don't bet on your dealer to make clear which defects are covered by warranty. If your dealer states that a defect is not covered and you believe that he or she is purposely misleading you, be calm but assertive. Don't be frighted to point out the segment of the warranty that is relevant, or to call the manufacturer for substantiation utilizing the contact references included with your owner's folder. You should not be obliged pay for repairs connected to lemon law complaints. It's also important to give notice the manufacturer of a complaint straightaway. If you believe that your vehicle has a defect what cannot be repaired, look 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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