ILLINOIS LEMON LAW:
Illinois Lemon Law Statutes
Chapter 815 Sec. 380
Chapter 815, Section 1
This Act shall be known and may be cited as the New Vehicle Buyer Protection
Act.
(Source: P.A. 85-1350.)
Chapter 815, Section 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.
(Source: P.A. 89-375, eff. 8-18-95.)
Chapter 815, Section 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.
(Source: P.A. 89-359, eff. 8-17-95; 89-375, eff. 8-18-95; 89-626, eff.8-9-96.)
Chapter 815, Section 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).
(Source: P.A. 85-1350.)
Chapter 815, Section 5
Persons electing to proceed and settle under this Act shall be barred from a
separate cause of action under the Uniform Commercial Code.
(Source: P.A. 85-1350.)
Chapter 815, Section 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.
(Source: P.A. 83-768.)
Chapter 815, Section 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.
(Source: P.A. 85-1350.)
Chapter 815, Section 8
This Act shall apply to motor vehicles beginning with the model year following
the effective date of this Act.
(Source: P.A. 83-768.)
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