Anyone who has ever unwittingly bought or operated a clunker car in Illinois should be familiar with Illinois vehicle lemon law. Every day, thousands of people all across the country and within the state of Illinois buy and sell vehicles.
While these cars and trucks can be sold in all sorts of conditions, there are rules for selling cars that are purported to be in working condition when they actually are far from being so. Lemon laws are set up to protect the consumer in the event that they buy a new vehicle in poor condition or whose performance is below standard.
These laws help by giving new car purchasers legal recourse against any defects that significantly affect the vehicles they purchase and providing manufacturers a chance to fix the issues before they worsen.
What Is a Lemon Law?
Lemon law is a protective statute that helps guard new car buyers against purchasing defective vehicles without some remedying solution. It is called the New Vehicle Buyer Protection Act. In short, people and dealers cannot knowingly sell dysfunctional cars and do so without penalty.
If the car qualifies, the buyer has the right to initiate a claim to protect their rights as a consumer.
In Illinois, lemon laws have specific legal designations that determine whether a car qualifies as a “lemon”. Some of those designations include:
- Cars less than a year old
- Cars driven for less than 12,000 miles
- Cars that have been out of service for more than 30 days
- Cars with a “nonconformity” that makes it difficult to repair
- At least four failed attempts to repair the vehicle
Illinois lemon law also covers vans and trucks that are under 8,000 pounds and recreation vehicles (sans the trailers). Unfortunately, not all vehicles are covered by the state’s lemon law statute. Used cars, motorcycles, boats, or any modified vehicle are excluded from lemon law protection in Illinois.
Car buyers need to understand that lemon law claims must be initiated within twelve months of purchasing the qualified vehicle. Waiting any longer than that can invalidate their claim, even if the car originally qualified for lemon law protection.
Eligibility Criteria for Lemon Law Protection
Illinois’ new-car Lemon Law pertains to new cars, light trucks, and vans weighing less than 8,000 pounds and to recreational vehicles, with the exception of trailers. In order to be eligible for the protection under that law – the following should be satisfied:
- Time and Distance: The car should be delivered to the retail purchaser or put in use (whichever is sooner) directly after the first 12 months or 12,000 miles.
- Repair Attempts: The manufacturer or its authorized dealer has attempted to repair the same defect at least four times, or the vehicle has been out of service for an aggregate of 30 or more business days (increments of less than 4 follow the same rules) due to repair of the defect.
These requirements give consumers a straightforward time frame to determine when they can seek solutions through the Lemon Law.
Steps to Initiate a Lemon Law Claim
If a consumer has an eligible vehicle, they need to:
- Call the Manufacturer: Contact the car’s manufacturer’s representative. This information is usually available in the car’s owner’s manual.
- Submit the supporting Documents: You will be given the claim form to fill in along with other required forms and information.
Remember, Lemon Law claims cannot be filed through the dealership directly. Their claim must be actioned through the manufacturer by the consumer.
Remedies Available Under the Lemon Law
When a vehicle qualifies as a “lemon” under Illinois law, the manufacturer must either:
- Replace the Car: Replace your defective car with a similar new one.
- Return the Purchase Price: Provide a full refund of the purchase price paid, less a reasonable allowance for the consumer’s use of the car.
The purpose of such remedies is to give relief to consumers for the inconvenience and potentially dangerous defects in automobiles.
Limitations and Exclusions
The Illinois Lemon Law provides good protection, but there are some limitations:
- Used Vehicles: The statute does not apply to used vehicles. Nope, it’s not But Illinois has a provision that requires dealers to provide a limited powertrain warranty with some used cars. The warranty on this item is for 15 days or 500 miles, whichever occurs first.
- Private Sales: Recall that the Lemon Law does not apply to used (or private party) vehicles. Buyers beware, especially for private-party sales: Consumers should tread lightly and consider getting a pre-purchase inspection.
Federal Protections: The Magnuson-Moss Warranty Act
Beyond state regulations, consumers are also protected under the federal Magnuson-Moss Warranty Act. This requires manufacturers to stand behind the quality of their products and gives consumers recourse if warranties are not honoured. It covers new and used vehicles as long as they include a written warranty.
Conclusion
It is important for those who buy new vehicles to know something about the Illinois Lemon Law. Arm yourself with knowledge of the requirements, claims process and remedies, and your rights will be safeguarded.
The law has its limitations, especially for used vehicles and private sales, but federal protections like the Magnuson-Moss Warranty Act can provide other avenues for redress. Consumers are advised to keep a record of all repair attempts and correspondence with the manufacturer to act in support of their claims.
