Illinois Lemon Laws

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

"Consumer"

"Express warranty" means a warranty which is expressed in writing by the manufacturer.

"New vehicle” is a self-propelled vehicle having a weight of 8,000 pounds and is used for the transportation over the highways and whose title has not yet been assigned to anyone.

"Nonconformity" means a defect which affects the utilization, value and safety of a motor vehicle, but does not include a defect or condition that is the result of abuse of the new motor vehicle.

"Seller" means a person involved in selling, distributing, modifying or leasing a motor vehicle.

"Statutory warranty period" means the period of 1 year or 12,000 miles of a new motor vehicle, whichever occurs first after the delivery of a new vehicle to the consumer.

"Lessee cost" is the aggregate of the down payment, installments and other charges paid to the lessor against a leased vehicle.

(Source: P.A. 89-375, eff. 8-18-95.)

Chapter 815, Section 3

  1. Any manufacturer who is unable to conform a motor vehicle to its express warranty shall be liable either to replace the vehicle or to refund the full purchase price alongwith all collateral charges less reasonable allowance for use. Collateral charges will not include tax paid by the consumer at the time of purchase. The manufacturer will not be liable for replacement or refund, if the car is alternated or modified by a person other then the manufacturer or its agents, which is strictly prohibited.
  2. It is presumed that a number of attempts have been carried out to remove the defects of a new vehicle or to conform the vehicle to its express warranties, during the statutory warranty period if,
    • The manufacturer or its agents has attempted repairs 4 times or more and the nonconformity still exists.
    • The vehicle has been in custody of a manufacturer for the purpose of repair of nonconformities for a cumulative total of 30 or more business days during the statutory warranty period.
  3. According to Ch. 815, Sec. 3 of Illinois lemon laws, “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”.
  4. Its an affirmative defense to any claim, if the nonconformity is due to the result of abuse, neglect or unauthorized modifications or alterations.
  5. The statutory warranty period can be extended incase of a war, invasion or strike, or a fire, flood or other natural disaster.
  6. Refunds made consistent to this Act shall be made to the consumer and lien holder if any exists, as their respective interests appear.
  7. Sales can be made by a manufacturer to a consumer when he provides that consumer with a replacement vehicle.
  8. The consumer should send a written notification of the nonconformity to the manufacturer.

(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

  1. The requirements of subsection (a) of Section 3 shall not implement unless the consumer has first applied to an informal settlement procedure, applicable to conflicts to which that subsection would apply where,
    • The manufacturer of the new vehicle has established such a procedure
    • The procedure conforms to the provisions of Title 16, Code of Federal Regulation, Part 703 and to the requirements of subsection (c)
    • The consumer has got a written notice of the existence of the procedure from the seller. The notice shall include the amalgamation of the informal dispute settlement procedure into the terms of the written warranty to which the vehicle does not conform.
  2. As stated in section 4 of Illinois lemon laws, “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”.
  3. A declaration of the judgment in an informal dispute settlement mechanism shall comprise of 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 appeal brought under this section shall begin within 18 months of the date of delivery of a motor vehicle.

(Source: P.A. 83-768.)

Chapter 815, Section 7

The manufacturer or distributor of that manufacturer must provide a statement indicating the rights and obligations of a consumer under subsection (a) of Section 3.

(Source: P.A. 85-1350.)

Chapter 815, Section 8

The Act will apply only to those vehicles manufactured in and after, the year of the effectiveness of this Act.

(Source: P.A. 83-768.)