Illinois Lemon Law Attorneys:
Alex Simanovsky & Associates, LLC
Free Lemon Law Help, Serving all of Illinois Toll Free: 866-86-LEMON 866-865-3666
Standards Of The Illinois Lemon Law
New Vehicle Buyer Protection Act
Vehicles Covered
Consumers Covered
Vehicle Converters
Vehicle Problems Covered
The lemon law covers vehicle “nonconformities.” A nonconformity is defined as a vehicle’s failure to conform to all express warranties applicable to such vehicle, which failure substantially impairs the use, market value or safety of that vehicle.
Manufacturer’s Duty To Repurchase Or Replace A Vehicle
Reasonable Number Of Repair Attempts
The Illinois lemon law establishes a presumption that a reasonable number of repair attempts have been made if either of the following occurs during the period of one year or 12,000 miles, whichever occurs first, after the date of delivery of a new vehicle to the consumer who purchased or leased it :
- The same nonconformity has been subject to repair 4 or more times by the manufacturer, its agents or authorized dealers and such nonconformity continues to exist; or
- The vehicle has been out of service by reason of repair of nonconformities for a total of 30 or more business days.
The presumption does not apply unless the consumer (or someone on the consumer’s behalf) provides prior direct written notice of the alleged defect to the manufacturer, and the manufacturer has an opportunity to correct the alleged defect.
Dispute Resolution
Time Period For Filing Claims
Remedies Under The Illinois Lemon Law Repurchase Of Owned Vehicles
The Illinois lemon law provides that a manufacturer must pay the following amounts to the consumer when it repurchases an owned vehicle under the lemon law:
- Full purchase price of the new vehicle, minus a reasonable use allowance; and
- Collateral charges, not including taxes paid by the purchaser on the initial purchase of the vehicle*.
The refund is made to the consumer and lienholder, if any, as their respective interests may appear.
The Illinois lemon law provides that a reasonable allowance for the consumer’s use of the vehicle shall be deducted from the consumer’s award. The “reasonable allowance” is the amount directly attributable to the wear and tear incurred by the new vehicle as a result of its having been used prior to the first report of a nonconformity to the manufacturer (including its agents and dealers), and during any subsequent period in which it is not out of service by reason of repair.
Repurchase Of Leased Vehicles
The Illinois lemon law provides that a manufacturer must pay the following amounts to the consumer when it repurchases a leased vehicle under the lemon law:
- Lease cost (including deposits, fees, taxes, downpayments, periodic payments, and any other amount paid to a seller/lessor by a consumer in connection with the lease of a new vehicle) minus a reasonable use allowance;
- Collateral charges; and
- Although not specifically provided in the lemon law, the manufacturer should also pay to the lessor the pay-off amount.
The refund is made to the consumer and lienholder, if any, as their respective interests may appear.
The Illinois lemon law provides that a reasonable allowance for the consumer’s use of the vehicle shall be deducted from the consumer’s award. The “reasonable allowance” is the amount directly attributable to the wear and tear incurred by the new vehicle as a result of its having been used prior to the first report of a nonconformity to the manufacturer (including its agents and dealers), and during any subsequent period in which it is not out of service by reason of repair.
* The lemon law indicates that the retailer may claim a credit from the state for these taxes, suggesting that the retailer should refund taxes to the purchaser.