(815 ILCS 380/1) (from Ch. 121
1/2, par. 1201)
Sec. 1. This Act shall be known
and may be cited as the New Vehicle Buyer Protection Act.
(Source: P.A. 85-1350.)
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(815 ILCS 380/2) (from Ch. 121
1/2, par. 1202)
Sec. 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.)
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(815 ILCS 380/3) (from Ch. 121
1/2, par. 1203)
Sec. 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
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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
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(2)
the vehicle has been out of service by reason of
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repair of
nonconformities for a total of 30 or more business
days during the statutory warranty period.
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(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.)
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(815 ILCS 380/4) (from Ch. 121
1/2, par. 1204)
Sec. 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.)
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(815 ILCS 380/5) (from Ch. 121
1/2, par. 1205)
Sec. 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.)
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(815 ILCS 380/6) (from Ch. 121
1/2, par. 1206)
Sec. 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.)
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(815 ILCS 380/7) (from Ch. 121
1/2, par. 1207)
Sec. 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.)
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(815 ILCS 380/8) (from Ch. 121
1/2, par. 1208)
Sec. 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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