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.
What Is a Lemon Law?
A lemon law is a protective statute that helps guard new car buyers from purchasing defective vehicles without some sort of 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.
What To Do With A Suspected Lemon
Buyers who suspect they have purchased a lemon vehicle should be prepared. The first step is to understand how the New Vehicle Buyer Protection Act works and how it might protect them when they have bought a car that qualifies as a lemon.
The first step is to contact the person or entity that represents the car manufacturer and request forms for initiating a claim. There is a state-mandated dispute board that sifts through these claims and determines whether or not the claimant has a legitimate complaint. If the board rules against someone’s claim, they have a right to dispute the decision and file a civil suit. Lemon law claims are extremely time-sensitive. It is crucial that the claim be filed within twelve months of purchase for the lemon law to be applicable and upheld.
Lemon laws can apply to a fully purchased vehicle or a leased vehicle. The car does not have to be owned outright for a person to file a claim. Even if the car is financed and payments are still being made, the buyer has a right to submit a lemon law claim to the dispute board. It is suggested that the buyer keep meticulous records of the vehicle. Any attempts to repair the car should be recorded, including keeping copies of all receipts for money spent on repairing or maintaining the vehicle. This information will eventually serve as records that should be submitted when making a lemon law claim.
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As a result of the fact that problems frequently appear in the beginning stages of a vehicle’s life, the Lemon Law safeguards normally take effect within the first 18 months or the first 18,000 miles of the vehicle’s possession.
