What Is The Illinois Lemon Law?
The Illinois Lemon Law is a state statute designed to protect consumers who purchase new cars that turn out to be defective. The law mandates that a manufacturer or dealer must repurchase or replace a new car under warranty, either through a refund or a replacement, if the vehicle exhibits a substantial defect. This defect is defined as a problem with the vehicle that significantly impairs its use, safety, or market value, and is covered by the new car warranty.
Under the law, a defect that renders the car unusable, unsafe, or significantly reduces its value is there the manufacturer must do something for you – after a few repair attempts, or if they refuse to fix the car. In plain English you get 4 repair attempts for a problem, 2 repair attempts for something that could result in death or serious injury. And the time frame for repairs is never defined. It does not mean you get a certain number of days or weeks, just that the clock stops when the car is at the dealer being fixed. And that "4" and "2" don’t take into account the "artificially" created repair attempts that take days or even weeks to do. These are repair attempts done to avoid the "lemon law" criteria and are known as a "sham repair."
If the manufacturer is unable to repair your car after a reasonable number of attempts , the consumer can file a claim against the manufacturer with the Attorney General’s office. The claim may involve filing a demand that the manufacturer buy back or replace the defective car. If the manufacturer refuses, the consumer may file a lawsuit against the dealer or manufacturer for a refund or replacement.
Generally, the consumer can seek a remedy either through the Attorney General’s office or the courts. The law allows each party involved in the transaction (the buyer, the manufacturer, and the lien holder) to recover their costs and attorney’s fees if successful, though the consumer must pay his or her own costs and fees if unsuccessful.
The law covers new motor vehicles that have been driven less than 24,000 miles or have been leased for less than two years and are in the original warranty period. New vehicles that have been transferred to a non-merchant or non-dealer owner or used vehicles that have been certified pre-owned are not covered by the Act.
Who Qualifies For The New Car Lemon Law?
Both federal and Illinois Lemon law statutes apply only to vehicles that are considered "new" at the time of purchase. They do not cover used or second-hand vehicles, which are addressed by Illinois’ Magnuson-Moss Warranty Act. Most new vehicles sold in Illinois fall into this category.
When it comes to qualifying as a "lemon," these are important terms:
For a car purchase to be considered new, it must have no prior usage other than that of a demo vehicle or company executive vehicle. A car designated as brand new, but with some prior usage may not qualify, even if that prior usage is minor. If you have any questions about whether the car is considered new, be sure to ask your dealer.
The term "lemon" is applied to any vehicle that cannot be reasonably repaired after two unsuccessful attempts. If the same issue in the car requires repair three or more times within the warranty period, it will likely qualify. It is important that repairs be performed at an authorized dealership that meets the terms of your warranty, otherwise, you may be excluded from pursuing a Lemon Law claim.
When your vehicle is covered under warranty, it will have one of two types of warranties—express or implied. An express warranty applies to all new vehicles, while an implied warranty covers the value of your vehicle. In Illinois, this is known as the "lemon law" warranty, and ensures that there is coverage for service, parts, and repairs (for the parts you purchased as factory– ) for two years or 100,000 miles, whichever comes first.
A manufacturer’s warranty will be in place for one year or 12,000 miles, whichever comes first. This warranty may cover the cost of repairs on some vehicle components, such as the engine, transmission, brakes, and electrical system. The manufacturer will also warrant its paint and surface rust defects for three years or 36,000 miles.
How Do I Know If I Have A Lemon?
If after repair attempts you believe that your vehicle is defective and qualifies under the Illinois Lemon Law, you are required to give the manufacturer a final chance to repair the defect. The steps you need to take are:
- Notify the manufacturer/authorized dealer of the defect in writing. This notification is often done by way of certified letter. If you have been getting the repairs done at a dealership, the dealership can provide you with a statement listing the attempts at the repair of the defect.
- Allow an additional opportunity to repair the defect. This additional opportunity must occur within a reasonable number of attempts or a reasonable period of time. The statute does not define what a reasonable number of attempts is and what is a reasonable period of time. However, you should keep an accurate log of all repairs attempted, where they were performed, the time it took to perform the repairs, and the results. This information is important to determine if additional attempts were required to investigate a defect and to determine if the defect was not repaired. Additionally, if you have had an issue with unsuitable repair by a dealership, you should inform them of your dissatisfaction and allow them an opportunity to correct the alleged error.
- If after all the repair attempts the defect still exists, you may bring a claim under the Lemon Law. As you approach the final repair attempt, it is important to keep track of your communication with the manufacturer and document your attempts to resolve the dispute. A record of your communications with the manufacturer may be used to support your claim of a legal dispute.
The manufacturer will collect this same information and may use it against you. It is critical that you not misrepresent the facts to the manufacturer and do not exaggerate the problem to the manufacturer. If you do, it can be used against you to defeat your claim. Make sure you keep accurate records of all communications. Although it is not required, I often advise consumers to send faxed notices to the manufacturer and keep the fax confirmation.
What Remedies Are Available? (Including Damages)
A legal remedy under the Illinois Lemon Law is contingent upon the action undertaken by the car manufacturer against the vehicle (or if it is not the manufacturer but a dealer, the manufacturer, as show below). If the manufacturer successfully repairs the vehicle to conform to the standard established under the Lemon Law, the buyer will be unable to pursue a Lemon Law claim, regardless of the number of days a vehicle is out of service, the number of repair attempts, and whether of not the defect is important to the buyer.
If the manufacturer, however fails to repair the vehicle, the consumer is entitled to the following specific remedies:
It is noteworthy that a manufacturer is not liable under the Act for circumstances where a condition or defect is an intermittent failure, and not all vehicles of the same model and year have the same failure. Rather, the law looks to "whether a reasonable person would conclude that the defect, malfunction or nonconformity is a serious safety defect or that the condition substantially impairs the used or market value of the vehicle."
If the manufacturer receives written notice within the timeframe above, the manufacturer will be granted an additional period of time to repair the vehicle after which the consumer may be entitled to a refund or replacement vehicle. Moreover, should the manufacturer fail to make repairs within the additional period of time, the buyer may be entitled to recover attorneys’ fees, incidental damages, relying on Illinois statutory and common law.
Importantly, the manufacturer is entitled to one last chance to repair where a condition cannot be repaired in the first repair attempt and the vehicle is returned for repair by the buyer for the second time. Generally, if the manufacturer fails the second time to make the repair, the buyer may then seek a refund or replacement vehicle.
In Lemon Law buyback cases, the consumer keeps the vehicle and can drive the vehicle and use it as they had intended prior to the course of events leading to the buyback. The consumer is entitled to any equity they had in the vehicle before the manufacturer "counts" the vehicle as a buyback.
How Do I File A Lemon Law Complaint In Illinois
When a consumer discovers that a vehicle does not meet the standards for new vehicles under the Illinois Lemon Law, most next ask – what do I do? The next steps are easy and straightforward. First, you must notify the manufacturer in writing of the defect. As a general rule the law requires that you send this notification within the warranty period. Second, the manufacturer has an opportunity to fix the problem. Under the Illinois Lemon law and Magnuson-Moss Warranty Act, the manufacturer gets up to three attempts to repair the defect or spends 30 total days in repair to fix the issue . Simply bringing the vehicle into the dealership for the first time is enough to start the process. Third, if the defect cannot be repaired in the time allotted, the manufacturer must give you your choice of a refund or replacement vehicle. For any Lemon Law claim in Illinois you have to give written notice to the manufacturer so the clock starts ticking for them and they have to be given opportunity to repair the defective vehicle.
Common Road Blocks and How to Overcome Them
As with any legal remedy, there are a number of hurdles to overcome when pursuing a Lemon Law claim for new cars. From the moment you attempt to leverage your rights for a solution, the vehicle manufacturer or dealer has the option of taking a hard line in defense of its rights, adopting a strategy of ignoring the letter of the law in favor of frustrating the consumer. For the consumer who is not well-versed in the intricacies of Illinois Lemon Law, the roadblocks can be nearly insurmountable. The first challenge usually involves the initial contact with the manufacturer or dealer representative. Most times, this will be a customer service representative or a low-level corporate functionary whose job is to avert crisis and limit exposure. Despite any legal obligations to the contrary, the last thing these people want to do is spend time and money getting to the bottom of your complaint. In the face of such indifference, it can be very tempting to go overboard in laying out the facts, particularly when these facts create an impassioned story of injustice against the manufacturer. Even when your emotions are in check, you may find that your organized and thorough presentation of the facts is met with evasions and other such dilatory tactics. Don’t be taken in by these frustrations. Stand your ground politely but firmly, reiterating your rights and providing references to Illinois Lemon Law and warranty law in a professional manner. Request affirmative answers to your questions in writing and send a letter outlining your rights as soon as possible to the responsible individuals. Another major hurdle is the waiting game that is often played for months at a time, even years. Once you have taken all necessary measures to address a defect promptly, the manufacturer is obligated by law to respond. However, they are given plenty of leeway in determining how long it takes for that response to happen – up to the life of the warranty in some instances. While it is important to document every phone call concerning the dispute, you cannot snap your fingers and make the manufacturer take action. Instead, allow a reasonable amount of time for the situation to be remedied, and verify that steps are being taken at the manufacturer’s expense to address the defect cost-effectively and in a timely manner. When all avenues for resolving a dispute have been exhausted, either the manufacturer will comply with the law or litigation will follow. Regardless of whether a lawsuit is filed or a settlement is reached prior to court action, the ability to pursue maximum compensation depends heavily on understanding the complexity of Illinois Lemon Law and warranty law. When faced with proving the merits of a case in court, the average consumer is at a significant disadvantage against the legal resources wielded by manufacturers. An experienced consumer rights law firm can help you leverage this advantage while preparing the best possible case for financial compensation.
When To Seek The Help Of A Lemon Law Lawyer
Lemon laws are complex pieces of legislation that didn’t just appear one day. They took time to draft and amend so that they could cover as many people as possible. As a result, it’s unlikely you’re going to be able to just Google a few sentences and then take on your car manufacturer in court. Lemon Law for new cars was drafted and comes with a set of rules and regulations that prohibit you from representing yourself. That’s why GWC Injury Lawyers LLC recommends you don’t pick up the phone and start making arguments for yourself right away. When you pick up the phone and speak to a lawyer, said lawyer is not going to then go to court with you and represent you. The attorney you’ve called is there simply to give you legal advice from his or her experience.
You might be wondering why we recommend you not represent yourself. This is because you don’t know the tricks and strategies that car manufacturers and dealerships use to get you off their trail. It becomes an underground battle of the fittest in which the car manufacturer will do whatever is possible to convince you otherwise.
There are several instances when you should consult a Lemon Law Attorney. As Illinois residents, most people will likely consult a lawyer when their new car has been at the dealership more times than they can count (Costco card trick) and they are still having the same issues. If you’ve done that , congratulations, but you might be thinking this is a good situation in which to now call a Lemon Law lawyer.
You should also consider consulting a Lemon Law attorney when you have a clear cut case. If a clear cut case still exists after you’ve been to the dealership five, six, seven times and they are still trying to fix the same issue, it’s time to call an attorney. A clear cut case is defined by an issue that has never been fixed, or an issue that was "fixed" only to return soon after.
Liability and personal injury can certainly complicate claims. If you’ve experienced bodily injury, loss of consortium, or other personal injury from the defective product, you should call a Lemon Law attorney. These attorneys will know whether your lemon car is causing you personal injuries, or if the injuries are stemming from other products and external factors.
Lemon Law attorneys are best in three areas:
An experienced Lemon Law attorney will know exactly how to detail the case and what evidence to provide to the manufacturer, which in turn allows for issues to be resolved before going to court. We highly encourage you hire a Lemon Law attorney to increase your chances of obtaining the outcome you desire.