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Illinois Lemon Law Statutes

Chapter 815 Sec. 380


    (815 ILCS 380/1)
    Sec. 1. This Act shall be known and may be cited as the New  Vehicle
Buyer Protection Act.
(Source: P.A. 85-1350.)

    (815 ILCS 380/2)
    Sec. 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.)

    (815 ILCS 380/3)
    Sec. 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.)

    (815 ILCS 380/4)
    Sec. 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.)

    (815 ILCS 380/5)
    Sec. 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.)

    (815 ILCS 380/6)
    Sec. 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.)

    (815 ILCS 380/7)
    Sec. 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.)

    (815 ILCS 380/8)
    Sec. 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.)



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