Illinois Lemon Law Blog

Last Friday the Ford Motor company decided to recall 575,000 Windstar minivans. These Windstar minivans were produced during the period from September 1997 to February 2003. The Ford Motor company is going to replace axles on the Windstar minivans the company feared may crack after exposure to road salt. These fracture may lead to a crash.

Ford stated that, the Windstar minivans had their axles fractured at certain points, though in a very small number of cases. These fractures affected the right or the left side of the axles and the vehicle handling would become hazardous.

The automaker will notify the owners:

• To bring their affected vehicles to a local dealer for inspection and necessary repairs
• To allow the repairs that involve reinforcing the axle with additional parts
• For replacing the axle if it’s found that the axle can not be reinforced, as soon as parts are available
• To use rental vehicles the company provides them, until the rear axle of their vehicle is replaced

In May, the National Highway Traffic Safety Administration opened a preliminary review into the broken rear axles on 1999-2003 Windstars. The agency received 234 complaints, two of which are reports of accidents. Production of the Windstar ceased in 2003 as a result of these complaints.

The National Highway Traffic Safety Administration revealed that the recall involves 462,750 Windstar models in the US. The agency indicated that the recall is expected to begin on or before Sept 27th. The recall applies to high-mileage models registered in 21 cold-weather states, the District of Columbia and Canada where road-salt corrosion is more rampant.

States affected by the Windstar minivan recall are:

Connecticut, Delaware, Illinois, Indiana, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, West Virginia and Wisconsin.

This information is not intended as legal advice. Please direct your specific questions to K&M attorneys and know more about your lemon law rights. If you want to pursue your lemon law claim, call 1-800 US LEMON® (800-875-3666) toll free, to reach Krohn & Moss for your FREE initial consultation. Or submit your information online for your free case evaluation.

Commonly known as the Illinois lemon law, the Illinois New Vehicle Buyer Protection Act, protects consumers who buy or lease new cars, pickup trucks, and vans in Illinois.

The Illinois lemon law has not stipulated any warranties of its own to give Illinois lemon law protection to its people. On the contrary the Illinois lemon law takes serious exception should the warranties provided by manufacturers and dealers breach. This way the Illinois lemon law offers consumers a remedy should a dealer or manufacturer fail to honor the written warranties.

Consumers buying a car must realize that it is important for them to be knowledgeable to avoid being taken out on a long ride by the dealership or for that matter, private sellers who keep trying to get rid of their lemons or used lemons. With every passing year more Illinois residents keep losing money due to car sellers’ scams. These frauds could be avoided if new car or used car consumers make informed buys. In case a car buyer had landed a lemon car or used lemon car, Illinois has lemon laws and other to protect them.

Illinois lemon laws for automobile buyer protection

A car is the second most expensive investment a consumer makes after his house. Despite the money consumers are willing to spend it would be galling to note that most of them care the least to know about the purchases they make. Today’s cars are more complex than they used to be. Modern cars offer more models and carry more technology that is computer based. If a consumer is not savvy enough he would be at the mercy of the sales man or the seller of the used car. The state of Illinois has enacted lemon laws to protect car buyers.

Vehicles covered under the Illinois lemon law:

• Purchased in Illinois
• Vans under 8,000 pounds
• New cars
• Pickup trucks
• Recreational vehicles
• New vehicles leased for at least four months
• New vehicles leased with a 40%-60% time rule for household/lease purpose

The Illinois lemon law eligibility

• Any written express warranty on the vehicle for one year or 12,000 miles driven, whichever comes first
• If the problem is reported within the warranty period, even if the warranty expires subsequently
• The dealer or manufacturer should fix the issue within a reasonable number of attempts
• The defect in the car has impaired its use and reduced its market value
• The defect in the car is likely to cause death or serious bodily harm
• The warranty repairs have put the vehicle out of service for 30 or more business days

If the defect is not fixed the buyer or the lessee must use the manufacturer’s arbitration program or go to court to seek a replacement vehicle or a full refund of the purchase or lease price.

The Illinois lemon law does not cover used cars or problems resulting from abuse, neglect, or unauthorized alterations to the car.

Illinois Used Car Warranty Law

Illinois used car warranty law covers the power train with its components on new or used vehicles.

If the defects are not due to the consumer abuse, negligence or collision, a retail automobile dealer in Illinois pays a portion of the cost of repairs on power train components for 30 days from the date of delivery

• If the cars are within two years of age, the dealer pays half of the cost of repairs
• If cars are between two years and three years the dealer pays a quarter of the cost of repairs
• If cars are between three and four years of age the dealer pays 10 percent of the cost of repairs
• If cars are older than four years they are not covered by Illinois used car warranty law

The Federal Used Motor Vehicle Trade Regulation Rule

The Federal Used Motor Vehicle Trade Regulation Rule requires a dealer to:

• Represent the condition of a used vehicle
• Represent the terms of any warranty offered
• Mark the vehicle ‘as is – no warranty’ if no warranty is offered
• Disclose the history of the vehicle before the buyer purchases it
• The Federal Used Motor Vehicle Trade Regulation Rule applies only if
• The consumer buys from a used car dealer
• The used cars seller has a license from the state
• He sells more than five used cars a year

Lemon Law for Used Car

Since the day a friend of mine has bought himself a used car it has given him nothing but trouble.

It can happen to you if you also have purchased a used car. With each passing day, you may begin to fear that your car is defective or a lemon. Do you have to endure this constant feeling of nagging? Your used car may or may not be a lemon. Even if it is one, you do not overtly have to worry about it.

Lemon Law for Used Car provides you the protection if you happen to buy used lemon car in the United States.

WHAT ARE THE CARS THAT ARE COVERED BY THE LEMON LAW?

Adam J., Krohn, The Illinois Lemon Law Attorney at Krohn & Moss, Ltd says that, the Lemon law covers only the passenger cars purchased from an authorized dealer. The Lemon law also requires used car dealers to provide their customers with guarantees, the warranty period of which depend on the miles the used car has.

• If the car has 24,000 miles or less, the dealer must provide the customer with a 90 day warranty or 3,000 miles, whichever comes first
• If the car has more than 24,000 miles but less than 60,000 miles, the dealer must provide the customer with a warranty for 60 days or 2,000 miles, whichever comes first
• If the car has between 60,000 and 100,000 miles, the dealer must provide the client with a warranty for 30 days or 1,000 miles, whichever comes first

CARS THAT ARE NOT COVERED BY THE LEMON LAW

• A used car is not covered by the lemon law if the car
• Has been sold for less than $ 3,000
• Has more than 7 model years
• Has been declared a total loss by an insurance company
• Was not purchased from an authorized dealer, or has over 100,000 miles

To negotiate a better price

• The consumer may waive his right to security
• The car must have more than 60,000 miles on the odometer
• The waiver must be in writing

ENGINE PARTS COVERED BY LEMON LAW

The lemon law requires the dealer to “correct a material defect of the used car.”
The lemon law expressly covers:

• The engine: All the internal lubricated parts, chain distribution, gears and covers, belt distribution, pulleys and cover, oil pump gears and water pump, valve covers, housing, manifolds, flywheel, balance of harmony, supports engine seals and gaskets, and turbo-charged case
• Box turbo charged and engine blocks and cylinder head under warranty if they have been damaged by a failure of an internally lubricated part
• Automatic Transmission / Transfer Box: All the internal lubricated parts, converter, modulator vacuum transmission mounts, seals and gaskets
• Transmission Manual / Transfer Box: All the internal lubricated parts, transmission mounts, seals and gaskets, but excludes clutch plate pressure, bearings, clutch general or cylinders
• Front-wheel drive: All the internal lubricated parts, handle shaft velocity joints, bearings front seals and gaskets
• Rear-wheel drive: All the internal lubricated parts, drive shaft, U-shaped supports, handle shaft and bearings, seals and gaskets

The lemon law also says that it is an acceptable defense to any claim if the material defect substantially prevents the use and lowers the value or safety of the vehicle