Illinois
Lemon Law Statutes
Chapter 815 Sec. 380
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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.)
