Illinois Lemon Law Summary

Citation 815 Ill. Comp. Stat. §§380/1 through 380/8.

Motor Vehicles Covered

Covers the following new motor vehicles:

• A passenger car, including a multipurpose passenger vehicle, that is designed for carrying not more than 10 persons
• A motor vehicle weighing under 8,000 pounds that is designed for carrying more than 10 persons or used for living quarters, for pulling or carrying freight, cargo or implements of husbandry
• A vehicle purchased or leased by a fire department
• A recreational vehicle other than a camping trailer or travel trailer

A new motor vehicle: A motor vehicle is new if it has not been previously sold, bargained, exchanged, given away, or transferred from the person who first acquired it from the manufacturer, importer, dealer, or agent of the manufacturer or importer.

A used motor vehicle: A motor vehicle is not considered used until it has been placed in a bona-fide consumer use, regardless of the number of transfers. "Bona-fide consumer use" means actual operation by an owner who acquired the vehicle for use in business or for pleasure purposes and who has been granted a certificate of title on the motor vehicle and has registered the motor vehicle.

Consumer covered: An individual who purchases or leases for at least one year a new motor vehicle for the purposes of transporting himself and others, as well as their personal property, for primarily personal, household or family purposes, and a fire department or fire protection district that purchases or leases for at least one year a new motor vehicle.
Nonconformity: Defined as a new motor vehicle's failure to conform to all applicable express warranties which substantially impairs the use, market value or safety of the vehicle.

Warranty defined:"Express warranty" has the same meaning as provided in the Uniform Commercial Code.

Express warranties by the seller are created as follows:

• Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise
• Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description
• Any sample or model which is made part of the basis of the bargain creates an express warranty that the whole of the goods shall conform to the sample or model.

Lemon law rights period:"Statutory warranty period" means one year or 12,000 miles, whichever occurs first, after the date of the new motor vehicle's original delivery to the consumer who purchased or leased it.

Manufacturer's obligation to repurchase or replace:If the manufacturer, agent, distributor or dealer is unable to conform the new motor vehicle to any applicable express warranty after a reasonable number of attempts, the manufacturer must replace or repurchase the vehicle. Criteria for reasonable number of repair attempts:
Presumed if, during the statutory warranty period, either of the following occurs:

• The same nonconformity has been subject to repair 4 or more times by the manufacturer, its agents or authorized dealers, and the nonconformity continues to exist
• The new motor vehicle has been out of service by reason of repair of nonconformity for a total of 30 or more business days

Notice of nonconformity and final opportunity to repair:The presumption that a reasonable number of repair attempts has occurred does not apply against a manufacturer unless the manufacturer has received prior direct written notification from or on behalf of the consumer, and has had an opportunity to correct the alleged defect.
Affirmative defenses: It is an affirmative defense that the nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations.

Refund Purchased vehicle:
Refund consists of:

• Full purchase price of the new motor vehicle
• All collateral charges, not including taxes paid by the purchaser on the initial purchase of the new motor vehicle
• Less a reasonable allowance for consumer use of the vehicle.

Replacement:Replacement is a new vehicle of like model line, if available, or otherwise a comparable motor vehicle.

Reasonable allowance:The reasonable allowance for consumer use of the new motor 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 manufacturer, agent, distributor or dealer, and any subsequent period in which the vehicle is not out of service by reason of repair.

Refund of sales tax:The manufacturer does not refund sales tax for an owned vehicle. The lemon law might be read to require the manufacturer to refund taxes paid by a lessee. The retailer who initially sold the vehicle may file a claim for credit for taxes paid pursuant to the Retailers’ Occupation Tax Act.

Statute of limitations:An action must be commenced within 18 months after the new motor vehicle’s original delivery to the consumer.
A consumer who elects to proceed or settle under the lemon law is barred from a separate cause of action under the Uniform Commercial Code.

Restrictions on resale of returned vehicles:No manufacturer may resell any motor vehicle that has been finally ordered, determined, or adjudicated as having nonconformity under Illinois or any other state lemon law, and that was repurchased or replaced because of the nonconformity, unless:

• The manufacturer has corrected the nonconformity
• The manufacturer issues a disclosure statement prior to resale stating that the vehicle was repurchase or replaced under a lemon law

Notice of lemon law rights:The seller must provide to the consumer upon delivery a written statement clearly and conspicuously setting forth in full detail the consumer's lemon law rights and the lemon law's presumption.

This information is not intended as legal advice. Please direct your specific questions to K&M attorneys. 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.