The New Vehicle Buyer Protection Act refers to a lemon law Illinois lawmakers have passed to protect people who purchase new vehicles in Illinois that do not meet defined minimum/basic standards. State lemon laws have been developed to offer viable solutions to those who buy or lease a new vehicle with a problem or issue that the dealership cannot fix or repair.
To meet the lemon law Illinois state lawmakers have established, your vehicle must –
- Fail to meet expressed warranties and said failure or defect significantly impairs the use, safety, and market value of the vehicle AND the issue persists despite at least four opportunities/attempts by the manufacturer/dealer to fix it.
OR
- Not be in service for 30 or more business days.
The Illinois Lemon Law 815 ILCS 380
Illinois’s lemon law is applicable to new motor vehicles that weigh no more than 8,000 pounds. The state’s lemon law provides specific guarantees during the vehicle’s new car warranty to protect those who buy a car, truck, or van or lease it for more than one year.
These new vehicles may include new passenger cars, second-division vehicles, and recreational vehicles (which excludes trailers specifically). The law also covers vehicles used by fire departments/fire protection districts.
Below are some of the conditions that must be met for the law to apply –
- The vehicle in question must have been purchased or leased in the state of Illinois and must only be used only for these non-commercial purposes –
- Personal.
- Family.
- Household.
- The complaint about the vehicle – or, as the law notes – its non-conforming issue – must happen during the statutory warranty period, which is equivalent to 12 months or 12,000 miles from the date of delivery – whichever comes first.
- Defects/Issues that do not markedly impair the vehicle or issues created by unauthorized modifications/negligence are disqualified from protection under Illinois’s lemon law.
- The Buyer or Lessee must bring the action within 18 months following delivery. (815 ILCS 380/6)
- Any individual who agrees to settle under this lemon law in Illinois cannot bring a separate legal action under the rules set forth by the UCC.
Illinois’ lemon law does not apply to motor boats, motorcycles, and vehicles that are modified.
Navigating The Illinois Lemon Law
If a buyer or lessee finds their vehicle has a defect or non-conformity, they should take it to the authorized repair agent. The vehicle’s manufacturer is allowed a reasonable number of attempts for the same defect; however, for each repair attempt, ask for all the required paperwork detailing the defect and repair attempt, as this is likely to be needed should you need to file a lemon law claim. The vehicle in question will be considered a lemon if the dealer surpasses the allowed number of repair attempts and the defect remains un-fixable.
If the vehicle turns out to be a lemon, a manufacturer has a legal requirement to either repurchase or replace the vehicle. If the buyer agrees to the repurchase option, the manufacturer must pay them the total purchase price, less taxes, and reasonable deductions for vehicle use – based on the number of miles driven. If the consumer chooses a replacement vehicle, the manufacturer must provide the consumer with a new vehicle that is either the same or comparable to the previous vehicle deemed a lemon.
If the lemon was leased, a manufacturer is required to reimburse the total amount of the lease cost.