Lemon Law Basics: Illinois Lemon Laws
Understanding Illinois Lemon Law
Who is covered under Illinois lemon law?
Illinois lemon law covers new passenger cars or other vehicles which have
a gross vehicle weight of 8,000 pounds or less, and which are intended
for living purposes, to transport more than ten people, or to pull cargo.
The vehicle must be leased or purchased by an individual who intends to
use the vehicle primarily for personal or family use.
To fall under Illinois lemon law, the vehicle must have a defect which
is covered by its express warranty, and which significantly hinders its
use, safety, or resale value. The defect must not be caused by abuse,
neglect, or unauthorized modification.
When does Illinois lemon law go into effect?
Before Illinois lemon law can be invoked, the manufacturer must be notified
in writing of the nonconformity, and must have a reasonable chance to
repair it. A reasonable chance is defined as four unsuccessful attempts
at repair or thirty cumulative days when the car is out of commission
for repair attempts.
What do I do if I think my vehicle falls under Illinois lemon law?
If the vehicle manufacturer has a settlement process that conforms to
the specifications set out by Illinois lemon law, the consumer must attempt
to use that process before filing with Illinois courts. The claim must
be filed within 18 months of receipt of the vehicle. Any time spent in
a manufacturer's settlement process does not count toward these 18 months.
What are the remedies available to consumers under Illinois lemon
law?
If a vehicle falls under the Illinois lemon law, the manufacturer must
either repurchase the vehicle or provide a replacement. If an owned vehicle
is repurchased, the manufacturer must pay the full purchase price and
any collateral charges, not including the taxes paid on the original vehicle.
This amount is reduced by an allowance for usage of the vehicle, calculated
by estimating the amount of wear on the vehicle before the first report
of the nonconformity, and in any subsequent period when the car was not
out of commission for repairs.
If a leased vehicle is repurchased, the manufacturer must pay the full
lease price including down payments, taxes, fees, collateral charges,
and any other sum the consumer had to pay as a result of his lease. The
pay-off amount is also included. This amount is paid to the consumer and
to the lien holder as appropriate.
If a replacement vehicle is offered, it must be of the same or similar
model line as the original. No usage allowance is included for replacement
vehicles.
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