Illinois Lemon Law Statutes...
Illinois Lemon Laws and the federal Lemon Law (the Magnuson-Moss Warranty Act) provide for compensation to Illinois consumers of defective automobiles and trucks and other vehicles and products including motorcycles, RV's, boats, computers and other consumer appliances and products. To qualify under the Illinois Lemon Law or the Federal Lemon Law, you must generally have a product that suffered multiple repair attempts under the manufacturer's factory warranty. Lemon Law compensation can include a refund, replacement or cash
Illinois State Statutes
Chapter 815, Section 380
New Vehicle Buyer Protection Act
Illinois Lemon Law 815.380.1
This Act shall be known and may be cited as the
New Vehicle Buyer Protection Act.
Illinois Lemon Law 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
(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.
Illinois Lemon Law 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
Illinois Lemon Law 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).
Illinois Lemon Law 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
Illinois Lemon Law 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.
Illinois Lemon Law 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.
Illinois Lemon Law 815.380.8
This Act shall apply to motor vehicles beginning
with the model year following the effective date of this Act.