Free Illinois Lemon Law FAQs | Free Illinois Lemon Law Legal Documents

Does The Manufacturer Have To Tell Potential Purchasers Of The Car That It Was Deemed A Lemon?

Mon, 04 Jun 2007 21:51:22 GMT

Yes, the manufacturer is prohibited from selling the vehicle again unless it has repaired the defect(s) in question, and it must issue a disclosure statement to the potential buyer stating that the vehicle was repurchased or replaced under the Lemon Law.

In addition, the manufacturer must provide a warranty covering the same defect or defects.

Does The State Of Illinois Have A Used Car Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

No.

What Are My Options For Action Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

If the manufacturer does not repair the defect, or if the repairs are unsuccessful, you have the following options:

Manufacturer`s Arbitration Program: Although you may file a lawsuit under the Illinois Lemon Law, before you may do so the law requires that you utilize the dispute resolution procedure provided by the manufacturer, if the manufacturer provides you with notification that it offers one, and if the procedure is certified in the state of Illinois.
You can find out if your manufacturer sponsors a certified arbitration program by reading the information accompanying your warranties, asking your dealer for information, or contacting the Illinois Office of the Attorney General.
The decision of the arbitration program is binding on the manufacturer, but not on you; you may reject the decision and bring the case to court if you so choose.
Court Action: If you have met the Lemon Law requirements listed above and are not satisfied with results from the manufacturer`s arbitration program, or if the manufacturer does not have an arbitration program that is certified in Illinois, then you may go to court.
To find an attorney who specializes in the Lemon Law, contact the Illinois State Bar Association at 424 S. 2 Street, Springfield, IL 62701. Phone: 2175251760 or 8002528908 (from within IL only).
A lawsuit under the Lemon Law must be filed within 18 months from the date of delivery of your vehicle.

What Are The Possible Outcomes?

Tue, 29 May 2007 21:19:00 GMT

If it has been determined that your vehicle is a lemon, you may choose either a refund or a replacement (with a similarmodel new vehicle).

A replacement vehicle shall be a new vehicle of similar model line if available, or a comparable vehicle if the former is not available.

In your refund, the manufacturer is entitled to deduct a reasonable allowance for vehicle use, based on number of miles driven from date of delivery. Beyond that, you are entitled to receive the full purchase price plus collateral charges.

If the following conditions prevail, you are not eligible for legal remedy under the Lemon Law:

The manufacturer proves that it has not had a reasonable opportunity to repair your car. For example, they prove that the number of repair attempts was not reasonable because you did not follow the terms of the warranty or some event (such as a labor strike, war, or natural disaster) prevented timely repairs.
If the manufacturer proves that no problem exists or that the problem does not substantially impair the vehicle`s use, value, or safety.
If the defect was the result of abuse, neglect, unauthorized alterations or modifications, or an accident.

What Do I Need To Do Before I Can Claim That My Car Is A Lemon?

Mon, 04 Jun 2007 21:51:22 GMT

The vehicle must have been taken in for a reasonable number of attempts to repair the defect(s). It is already presumed that your vehicle has undergone a reasonable number of attempts in the following situations:

If you have taken the car in to a dealer or the manufacturer for at least four unsuccessful repair attempts at least one of which occurred within the first of 12 months or 12,000 miles for the same defect, and the defect continues to exist;
Or, if the car has been out of service for a cumulative total of 30 or more business days, while being repaired for any number of defects, and the defect continues to exist.

You must provide written notification of the defect to the manufacturer (not the dealer), sent by certified mail, return receipt requested. In this notification, you must give the manufacturer a final opportunity to repair the vehicle, by stating in your letter that you will invoke the Lemon Law if they do not repair the defect. You may not invoke your rights under the Lemon Law against a manufacturer unless you provide such notification.

What If My Problem Does Not Fit The Requirements Of My State's Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

You still may be able to invoke the Lemon Law as long as you can justify that the number of repair attempts or days out of service you encountered were unreasonable.

You may also have other rights under other state and federal laws, such as the following: the federal MagnusonMoss Warranty Act, the Uniform Commercial Code (UCC), your service contract or extended warranty, secret warranties, implied warranties, express warranties, unfair and deceptive acts and practices (UDAP), or strict liability and negligence. Consult an attorney, the South Dakota Office of the Attorney General, or the Center for Auto Safety to determine which remedy would be best for your situation.

What Is The Lemon Law Term Of Protection?

Tue, 29 May 2007 21:19:00 GMT

The term of protection is for the first one year or 12,000 miles from date of delivery, whichever ends first.

This term of protection may be extended by any period of time during which repair services are not available to the consumer because of war, strike, or natural disaster.

What Types Of Defects Are Covered?

Tue, 29 May 2007 21:19:00 GMT

The Lemon Law covers defects that substantially impair the use, safety, or market value of the vehicle, and that are not the result of an accident, abuse, neglect, or unauthorized modifications or alterations that you may have made to the vehicle.

What Vehicles Are Covered Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

This law covers passenger cars, trucks, and vans that weigh less than 8,000 pounds, as well as recreational vehicles, that were bought in the state of Illinois.

The law does not cover trailers or boats.

The following table summarizes what is covered, how many times the vehicle has to be repaired for the same defect and the warranty period.

Vehicles Covered

Repair Interval and Coverage Period

New cars. Light trucks and vans under 8,000 pounds. Recreational vehicles excluding trailers. Excludes motorcycles.

4 repair attempts or 30 business days out of service.

1 year or 12,000 miles.

Note:

Generally, the term Repair Attempts, as it relates to Lemon Law, refers to one or more attempts to fix the same defect although some states consider a vehicle to be a lemon if it required the specified number of repairs within the coverage period.

A car is out of service while being repaired or waiting for parts.

Warranty Period refers to the Manufacturer`s Express Warranty. Where the Coverage Period lists more than 1 option, the period applies to that option which occurs first.

This is only a summary, to get the complete Lemon Law Statute select your state from the combo box menu on the right side of this page, and click Get Statute.

Where Can I Get More Information About The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

Office of the Illinois Attorney General
100 West Randolph Street
Chicago, IL 60601
3128143000 or 8003865438
www.ag.state.il.us

Illinois State Bar Association
424 S. 2 Street
Springfield, IL 62701
2175251760 or 8002528908 (from within IL only)
www.illinoisbar.org

Center for Auto Safety (CAS)
2001 S Street NW
Washington DC 200091160
2023287700
www.autosafety.org
CAS is a non profit consumer group specializing in auto issues. They can help you find out about safety recalls, Lemon Law, secret warranties, and other general information.

Car Talk Car Reports:
You might want to run a Car Talk Car Report (http://cartalk.cars.com/Tools/carreport.pl) on your car, to see if there have been any recalls, Technical Service Bulletins, or a large number of complaints on file relating to your particular problem.

National Highway Traffic Safety Administration (NHTSA)
400 Seventh Street SW, Washington, DC 20590
Auto Safety Hotline: 8004249393
NHTSA can give you information on the safety recall history of your vehicle.

Free Lemon Law Attorney FAQs

Sat, 28 Nov 2009 15:31:48 GMT

Free Lemon Law Attorney FAQs