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.

Fundamentally, the Lemon Laws provide that if you buy (and in some states, lease) a new or pre-owned car or other vehicle covered by a manufacturer's warranty that is faulty, and the manufacturer just can't recondition it even with recurring attempts (within a limited time limit that varies from state to state), or if the item is in the shop for a specified period (often 30 days) due to its flaws, you are qualified to a wide number of abuses, including:

1. Monetary damages
2. A repayment of the purchase cost
3. A brand new car
Furthermore, nearly all the Lemon Laws (and the Federal Warranty Law) incorporate a fee changing element that states that if you win your suit, the original producer or dealership that sold you your lemon is obligated to pay your laywers' fees.


Lemon Law Regulations
State-specific Lemon Law Statutes
Each of the 50 states has its own Lemon Law statute. Although the attributes of each state's statute vary, the common state Lemon Law statute offers relief for owners with a nonfunctional automobile purchased with a warranty if:

1. The dealer or original producer can't actually remedy a particular deficiency in the item after a reasonable number of repair efforts (typically at least 3);
2. The vehicle cannot be driven for at least 30 days due to faults in the car; or
3. The car dealership or original producer just can not remedy a defect that is a urgent safety risk.

Most of the time, a faulty automobile is a automobile with a condition or affliction that often impares its use, economic value, or safety to the consumer and does not maintain the standard of the warranty. Frequently, the period of time during which the Lemon Laws are applicable are rather short; the faults and consequential repair efforts (or out-of-service period of time) occasionally will happen during the first 2-years or 24,000 miles that you own the vehicle. However, a number of states have even shorter periods. Moreover, many states have notice and trigger requirements, such as asking the consumer to send registered post notice to the maker of the flaws and presenting the dealer a chance to repair the motor vehicle. Additionally, several states necessitate that Lemon Law claims be settled through an arbitration process.

Generally, state Lemon Law ordinances also apply to leased cars and used automobiles purchased whilst under the producers factory warranty. A lot of state Lemon Laws also apply to vehicles other than passenger cars. depending on the purchaser's home state, or the state in which the consumer bought the vehicle, Lemon Laws may apply to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer goods (like computers)
There are many robust solutions possible under the Lemon Laws. U.S. states most instances, if the maker can't repair the car, the consumer may either call for the maker to replace the motor vehicle, or obligate the original maker to take back the vehicle and refund the purchase price together with accompanying damages, such as all fees, towing charges, repair charges, associated travel costs and other charges incurred by the consumer as a consequence of the troubles in the vehicle. Another important resolution available under most Lemon Laws is legal expenses. In almost all states, if you prevail in a Lemon Law suit, you will not have to pay any attorneys' expenses-the auto original producer that sold you your lemon is required to pay for your court fees.

The defendant automobile manufacturing business can assert various defenses to a Lemon Law claim. The average regulation provides that the original equipment manufacturer is not liable if it can demonstrate that the faults in question happened due to misuse, disregard, or the alteration or modification of a auto by persons other than the manufacturer, an agent, or its authorized dealer. In other words, if the consumer breaks his or her own motor vehicle, or the troubles were the fault of modifications or adjustments performed by a third party, the manufacturer could not be responsible.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that controls consumer goods warranties. Signed by Congress in 1975, the Magnuson Moss Act requires manufacturers and dealers of consumer items to provide consumers with itemized data about warranty coverage. Also, it infects both the rights of customers and the responsibilities of warrantors under written warranties.

Even though the Magnuson Moss Act does not require an automobile manufacturing business to furnish buyers with a warranty, if a warranty is provided, the Magnuson Moss Act offers many protections for the consumer. The Magnuson Moss Act makes it easier for consumers to sue for breaking the warranty by making breach of warranty a violation of federal law, and by permitting customers to recuperate litigation charges and reasonable laywers' fees.

The Magnuson Moss Act is oftentimes useful in a lemon suit where, for some reason, a state Lemon Law claim is not applicable or furthermore unsuited. For instance, unlike the rather short period offered to purchasers with virtually all Lemon Laws, you can register a claim for breach of warranty after the warranty period has expired if the problems happened during the warranty period. Additionally, although some Lemon Laws limit their coverage benefits to a narrow list of motor vehicles, the Magnuson Moss Act is relevant to almost all consumer products. The Magnuson Moss Act might also apply if you purchased or leased a preowned car without a manufacturer's warranty, or if the car is covered by a service agreement or other variant of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in every state. It is the foundational source of law regulating product warranties, including vehicles and other items. The UCC affords a legal avenue for customers with lemon troubles.

UCC code provides that the purchaser of a good is entitled to return products that fail in any feature to the contract. Essentially, if your new item does not work as warranted by the manufacturer (your original warranty is a portion of your warranty), you can file a claim referencing the UCC in addition to any additional claims you might have.

The period for bringing back a motor vehicle with the UCC is not unlimited. If you observe a failing in your automobile inside a reasonable posession time period, you can return the motor vehicle. Unfortunately, new motor vehicles are frequently mechanically complex and you might not notice whether your car conforms to the consumer warranty until long after you acquire the car and problems start to arise. Thus, if Following this posession period you don't return the car, you will be deemed to have approved of it and might have no claim through the UCC.

The length of the inspection period is not specified in the statute. Courts determine how long the fair review period is based on the buyer's familiarity and past experience, the buyer's difficulty in discovering the defect, and the buyer's opportunity to discover the deficiency.

In spite of this restriction, the UCC provides that in certain instances where a consumer is pronounced to have accepted goods (i.e. the fair review time has elapsed), a consumer may still take back his acceptance of those products where the non-conformity often impares the economic value of the products to him. Those cases include cases where it is challenging to come upon the nonconformity or the consumer was guaranteed that the non-conformity would be remedied. In other words, the court will exempt the consumer from not refusing the products where the consumer could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a motor vehicle excessively gives out and you have to keep taking it back to the car dealership for repair under the written warranty, the auto lemon law can be your next recourse. The flaw should be significant where it prohibits your driving the automobile or your safety. A automobile stalling often would be a significant flaw. This is exactly the type of problem that can impair your driving and your safety. Under the car lemon law you are not expected to prove why the motor vehicle is stalling, you only have to verify that it is stalling. Essentially you need to check the lemon law in these 3 instances: the motor vehicle keeps failing inside the warranty time period, the motor vehicle is a safety hazard, the dealership is unable to fix the motor vehicle when it is warranted.

If you have a motor vehicle which is a lemon you can directly write to the original producer and ask for another equivalent motor vehicle. If this request is not acceptable to the original producer, you can enter into an arbitration process. A few manufacturing business* have their own arbitration process. Other manufacturing business* employ outside arbitration program such as Autoline by the Better Business Bureau. The proposition of the arbitrators is binding on the original producer but not on the purchaser. If unsatisfied with the opinion, the purchaser can take the original producer to court.

Virtually all regulations specify that the owner must be restored back to the financial situation they were in before they purchased the automobile, less the measure that the owner profited from by using the automobile. To get the compensation amount many factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some nearly new pre-owned cars will qualify under normal lemon laws. For example, a pre-owned motor vehicle might fall under regular lemon laws if it is less than 1 year old and has got less than 12,000 miles on the odometer. States that do have a used car lemon law may be additionally accommodative with the age and amount of mileage. Still, the car needs to be sold by a dealer that provides a written warranty. Private party sales are not regulated, nor are cars sold under a stated original price paid. There could be additional restrictions to a used car lemon law such as the purposes for which the automobile is utilized or the categorisation of automobile. Older cars, are ordinarily excluded from pre-owned car lemon laws. Used car lemon laws ordinarily cover a much shorter period of time than new car ordinances. They frequently range from 30 to 90 days, depending on your pre-owned automobile's mileage.
When picking out a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the regulations that are applicable to your state. Also enquire about the fee system. Many lemon law attorneys require a generally humble retainer to manage a lemon law claim, and subsequently, the attorney's bills are sent to the original producer. Essentially, lemon law claims are usually very low-cost to purchasers. The reimbursement of lawyer fees differs from state to state. About half of the states allow for you to recover your Lawyer expenses if you win. The attorney's fee is based on actual time used instead of being connected to any other portion of the recuperation. In many States, you will pay the manufacturing business* lawyer's invoices if you lose.

Consumers ought to place their charges in writing and save a copy. In all written communication, always outline how difficult it is to take the automobile to the car dealership for work and that the dependability that the consumer believed He was purchasing has been non-existent. Any written communication with a dealer or original producer ought to be sent using certified mail service. In most lawsuits the manufacturing business* claim that they haven't had the necessary number of tries to correct the problem. They count on the knowledge that the consumer does not have repair tickets for each occurance they have driven the vehicle into the dealership. They also assume on the fact that the repair tickets have different parts fixed every instance demonstrating that they have not fixed the same condition. Consumers ought to reply by expecting that sellers always give them a warranty repair order. Consumers must also debate that these unrecorded trips are tries.

Make sure to be cognisant of your lemon law rights. Upon purchase, immediately review your owner's book and warranty principles completely, along with the information with respect to lemon law rights which you should receive when you choose your vehicle. Don't bet on your dealership to show you which defects are covered by warranty. If your dealership states that a condition is not covered and you believe that she is purposely misleading you, be civilized but assertive. Don't be frighted to produce the section of the warranty that is relevant, or to call the original maker for confirmation utilizing the contact data included with your owner's book. You shouldn't have to pay for work pertained to lemon law complaints. It's also crucial to notify the original maker of a complaint promptly. If you are suspicious that your motor vehicle has a condition what just can't be remedied, look into your lemon law rights to see when you are able to bring 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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