If you just bought a car and it’s causing you all sorts of issues- and you’re a US resident- it’s possible you were sold a lemon. Luckily, legal help could be available to you according to the Lemon Law written for your state.
Does Illinois Have a Lemon Law?
It’s not widely known that the majority of US states actually have state statutes regarding Lemon Laws. Lemon Laws were intended to ensure that US citizens who purchase a new vehicle do not suffer with unsatisfactory manufacturing or a vehicle that is unsafe. If you have potentially purchased a lemon, do some research on Illinois Lemon Law and consider if your particular situation would be protected under Lemon Law.
What is Lemon Law in Illinois?
Illinois Compiled Statutes Annotated, Chapter 815 §§ 380.1 to 380.8
This Act shall be known and may be cited as the New Vehicle Buyer Protection Act.
For the purposes of this Act, the following words have the meanings ascribed to them in this Section.
“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.
“Express warranty” has the same meaning, for the purposes of this Act, as it has for the purposes of the Uniform Commercial Code.
“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.
“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.
“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.
“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.
“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.
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.
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.
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.
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.
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.
Refunds made pursuant to this Act shall be made to the consumer, and lien holder if any exists, as their respective interests appear.
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).
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.
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.
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.
A disclosure of the decision in an informal dispute settlement procedure shall include notice to the consumer of the provisions of subsection (b).
Persons electing to proceed and settle under this Act shall be barred from a separate cause of action under the Uniform Commercial Code.
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.
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.
This Act shall apply to motor vehicles beginning with the model year following the effective date of this Act.
When does a vehicle qualify as a Lemon in Illinois?
To learn if your automobile would meet the legal description of a lemon, it’s best to review the details of Lemon Law in your state; keep in mind that your state’s Lemon Law statute may be unique. Please give our qualified team of Lemon Law attorneys a call at (888) 353- 0456 if you still need to know more to determine if your case would be viable. Or, fill out our simple contact information page to tell us how to reach you. We’ll help you through all the necessary steps and make sure you clearly comprehend the Lemon Law statute in Illinois. Our specialized experts will also assist in defining the best strategy for moving forward with your case.
Is a used car covered under Illinois Lemon Law?
There is not typically any Lemon Law protection for those who’ve purchased a used vehicle. Nonetheless, there could be protection if you had a written warranty when you purchased the car that is still active. Lemon Laws also tend to adapt over time, so you should be careful to find the most relevant information about the law.
When do I need an Illinois based Lemon Law Attorney?
After you’ve realized that your lemon law case is likely viable, this is the time to enlist the services of one of our qualified and experienced state Lemon Law attorneys. Typically speaking, a person who is in this situation is not expert to the point of navigating the legalities of their own Lemon Law case without the help of an attorney. Additionally, our team has experience representing the auto manufacturing companies and we know how to prepare your case accordingly. If you’re in this situation, you’ll want one of our experienced and capable Illinois Lemon Law lawyers. Call us without hesitation even if you’re unsure about hiring a Lemon Law attorney at this time.
How do Lemon Law Attorneys in Illinois protect my rights?
When you have a specialized Lemon Law expert on your side, there’s no need to stress as you’ll be more than fairly represented and informed throughout your case. Your Lemon Law attorney will play the important role of ensuring you understand your rights and gain fair access to what you’re entitled to in your case. We are here to help you take a strong stand against big car manufacturing organizations with teams of legal experts available to come to their aid.
We will help you understand everything in relation to your legal rights and processes during your Lemon Law case in Illinois. Our professional team of attorneys are prepared to use their incomparable legal knowledge related Illinois Lemon Law in order to support you and your legal rights as well as to help nurture your case. Know that there are a variety of ways to proceed should it be determined that you have a strong case under Illinois Lemon Law. If, during your free consultation, it’s determined that your possible Lemon Law case would not be viable to pursue, we can still give you some direction as to what steps you could take.
How long do Lemon Law cases in Illinois typically take to get resolved?
We can’t say for sure when your Lemon Law suit will be completed; we’ll help advise you as to a possible timeline to expect during your consultation.
We are extremely proud of our reputation for excellence when it comes to communicating with our clients and servicing them throughout the litigation process. You can be assured that every effort will be made to expedite your process; nonetheless, note that many Lemon Law suits take an average of several months to fully complete.
How much will an Illinois Lemon Attorney cost to hire?
As you research Illinois Lemon Law, it’s written within the statute that the car manufacturer is responsible for paying legal fees associated with the case, if it is found to be a verified case. If your Lemon Law case concludes as a loss for you, you still won’t have to pay us anything.
What are some of the areas that that Lemon Law Lawyers in Illinois cover?
Take a look at some of the areas we are pleased to offer our services within the state of Illinois. Our confident lawyers are prepared to help with your case right away. Call today and find out which of our service locations will be the closest for you. Our services are offered to those living in the following areas plus many more.
- Leland Grove
- Western Springs
- St. Charles
- Park Ridge
- Arlington Heights
- Orland Park
- Des Plaines
- Orland Park
- Tinley Park
- Oak Lawn
Don’t put yourself through any more torture from your current lemon. Why not give us a call so we can help you get into a new, more reliable vehicle. We want to help answer all of the questions that are on your mind related to Lemon Law in Illinois.