Chapter 815, Section 1
This Act shall be known and may be cited as the New Vehicle Buyer
Protection Act.
(Source: P.A. 85-1350.)
Chapter 815,
Section 2
Definitions. For the purposes of this Act,
the following words have the meanings ascribed to them in this Section.
(a) "Consumer"
means an individual who purchases or leases for a period of at least one
year a new vehicle from the seller for the purposes of transporting
himself and others, as well as their personal property, for primarily
personal, household or family purposes.
(b) "Express warranty"
has the same meaning, for the purposes of this Act, as it has for the
purposes of the Uniform Commercial Code.
(c) "New vehicle"
means a
passenger car, as defined in Section 1-157 of The Illinois Vehicle
Code, a motor vehicle of the Second Division having a weight of under
8,000 pounds, as defined in Section 1-146 of that Code, and a recreational
vehicle, except for a camping trailer or travel trailer that does not
qualify under the definition of a used motor vehicle, as set forth in
Section 1-216 of that Code.
(d) "Nonconformity"
refers to a new 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.
(e) "Seller"
means the manufacturer of a new vehicle, that manufacturer's agent or
distributor or that manufacturer's authorized dealer. "Seller" also means,
with respect to a new vehicle which is also a modified vehicle, as defined
in Section 1-144.1 of The Illinois Vehicle Code, as now or hereafter
amended, the person who modified the vehicle and that person's agent or
distributor or that person's authorized dealer. "Seller" also means, with
respect to leased new vehicles, the manufacturer, that manufacturer's
agent or distributor or that manufacturer's dealer, who transfers the
right to possession and use of goods under a lease.
(f) "Statutory
warranty period" means the period of one year or 12,000 miles,
whichever occurs first after the date of the delivery of a new vehicle to
the consumer who purchased or leased it.
(g) "Lease cost"
includes deposits, fees, taxes, down payments, periodic payments, and any
other amount paid to a seller by a consumer in connection with the lease
of a new vehicle.
(Source: P.A. 89-375, eff. 8-18-95.)
Chapter 815, Section 3
Failure of vehicle to conform; remedies; presumptions.
(a) If after a reasonable number of attempts
the seller is unable to conform the new vehicle to any of its applicable
express warranties, the manufacturer shall either provide the consumer
with a new vehicle of like model line, if available, or otherwise a
comparable motor vehicle as a replacement, or accept the return of the
vehicle from the consumer and refund to the consumer the full purchase
price or lease cost of the new vehicle, including all collateral charges,
less a reasonable allowance for consumer use of the vehicle. For purposes
of this Section, "collateral charges" does not include taxes paid by the
purchaser on the initial purchase of the new vehicle. The retailer who
initially sold the vehicle may file a claim for credit for taxes paid
pursuant to the terms of Sections 6, 6a, 6b, and 6c of the Retailers'
Occupation Tax Act. Should the vehicle be converted, modified or altered
in a way other than the manufacturer's original design, the party which
performed the conversion or modification shall be liable under the
provisions of this Act, provided the part or parts causing the vehicle not
to perform according to its warranty were altered or modified.
(b) A presumption that a reasonable number of
attempts have been undertaken to conform a new vehicle to its express
warranties shall arise where, within the statutory warranty period,
(1) the same nonconformity has been subject
to repair by the seller, its agents or authorized dealers during the
statutory warranty period, 4 or more times, and such nonconformity
continues to exist; or
(2) the vehicle has been out of service by
reason of repair of nonconformities for a total of 30 or more business
days during the statutory warranty period.
(c) A reasonable allowance for consumer use
of a vehicle is that 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 seller, and during any
subsequent period in which it is not out of service by reason of repair.
(d) The fact that a new vehicle's failure to
conform to an express warranty is the result of abuse, neglect or
unauthorized modifications or alterations is an affirmative defense to
claims brought under this Act.
(e) The statutory warranty period
of a new
vehicle shall be suspended for any period of time during which repair
services are not available to the consumer because of a war, invasion or
strike, or a fire, flood or other natural disaster.
(f) Refunds made pursuant to this Act shall
be made to the consumer, and lien holder if any exists, as their
respective interests appear.
(g) For the purposes of this Act, a
manufacturer sells a new vehicle to a consumer when he provides that
consumer with a replacement vehicle pursuant to subsection (a).
(h) In no event shall the presumption herein
provided apply against a manufacturer, his agent, distributor or dealer
unless the manufacturer has received prior direct written notification
from or on behalf of the consumer, and has an opportunity to correct the
alleged defect.
(Source: P.A. 89-359, eff. 8-17-95;
89-375, eff. 8-18-95;
89-626, eff.8-9-96.)
Chapter 815, Section 4
(a) The provisions of subsection (a) of
Section 3 shall not apply unless the consumer has first resorted to an
informal settlement procedure applicable to disputes to which that
subsection would apply where
(1) The manufacturer of the new vehicle has
established such a procedure;
(2) The procedure conforms: (i) substantially
with the provisions of Title 16, Code of Federal Regulation, Part 703, as
from time to time amended, and (ii) to the requirements of subsection (c);
and
(3) The consumer has received from the seller
adequate written notice of the existence of the procedure. Adequate
written notice includes but is not limited to the incorporation of the
informal dispute settlement procedure into the terms of the written
warranty to which the vehicle does not conform.
(b) If the consumer is dissatisfied with the
decision reached in an informal dispute settlement procedure or the
results of such a decision, he may bring a civil action to enforce his
rights under subsection (a) of Section 3. The decision reached in the
informal dispute settlement procedure is admissible in such a civil
action. The period of limitations for a civil action to enforce a
consumer's rights or remedies under subsection (a) of Section 3 shall be
extended for a period equal to the number of days the subject matter of
the civil action was pending in the informal dispute settlement procedure.
(c) A disclosure of the decision in an
informal dispute settlement procedure shall include notice to the consumer
of the provisions of subsection (b).
(Source: P.A. 85-1350.)
Chapter 815,
Section 5
Persons electing to proceed and settle under this Act shall be barred from
a separate cause of action under the Uniform Commercial Code.
(Source: P.A. 85-1350.)
Chapter 815,
Section 6
Any action brought under this Act shall be commenced within eighteen
months following the date of original delivery of the motor vehicle to the
consumer.
(Source: P.A. 83-768.)
Chapter 815, Section 7
The seller who sells a new vehicle to a consumer, shall, upon delivery of
that vehicle to the consumer, provide the consumer with a written
statement clearly and conspicuously setting forth in full detail the
consumer's rights under subsection (a) of Section 3, and the presumptions
created by subsection (b) of that Section.
(Source: P.A. 85-1350.)
Chapter 815,
Section 8
This Act shall apply to motor vehicles beginning with the model year
following the effective date of this Act.
(Source: P.A. 83-768.)
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