Frustrated With a Vehicle Purchase?
Many Illinois automobile owners aren’t aware they may qualify for reliefBy Doug Mentes, Esq. | Last updated on January 12, 2023
Use these links to jump to different sections:
- Illinois’ Lemon Law
- Breach of Warranty
- What Is the Process of Filing a Breach of Warranty Claim?
- What Are the Risks?
Illinois’ Lemon LawIf the vehicle is relatively new, the owner may have a claim under the state’s lemon law. However, the requirements for relief under the lemon law are stringent:
- The vehicle must suffer substantial impairment
- That impairment is not repairable by the maker or car dealer
- At least four attempts to repair have to have been made within the first 12 months or 12,000 miles of the vehicle
Breach of WarrantyVehicle owners are unaware that breach of warranty claims are possible even with older vehicles. “Let’s say, seven years into a 10-year warranty, the owner begins to have problems with the vehicle’s engine, and the manufacturer can’t fix it,” says Cohen. “Those people do have recourse; they can find a lawyer to get them damages for the manufacturer’s failure to repair.” If the new or used vehicle is under warranty when a defect is discovered, the owner may be able to recover from the manufacturer. This may even be possible past the expiration of the warranty due to a four-year statute of limitations for these claims. “If there is a failure of the warrantor to comply with an obligation of their warranty,” says Cohen, “you can bring a claim for damages.” Cohen believes it’s easier to prove a claim under Magnuson-Moss than under the state lemon law. For example, while the vehicle defect need not be substantial as is necessary under the lemon law, the damages available under a breach of warranty may be less—as the measure of damages under a breach of warranty claim will be the difference in the value of the goods as warranted versus the value of the goods as accepted. “Basically, the amount the consumer overpaid for the vehicle” states Cohen. Other differences in breach of warranty claims include:
- Owner may still have a claim after selling the new or used car
- Subsequent purchasers may have a claim if still under warranty
- Lessees of vehicles can bring a claim for breach of warranty
- Owners have much longer period of time to bring a breach of warranty claim
What Is the Process of Filing a Breach of Warranty Claim?Typically, any claims for breach of warranty must first submit to the manufacturer-funded informal dispute resolution process. This is a relatively pain-free process, it’s free to consumers, and the results are not binding. If the owner is dissatisfied with the result, he or she can still file a lawsuit in court. Cohen suggests reaching out to an experienced Illinois consumer law attorney prior to the dispute resolution process.
What Are the Risks?There is almost no risk for car buyers to pursue these claims, and many consumer law attorneys take on these claims free of charge. If the case is successful, the law allows the attorneys to recoup their fees from the manufacturer. That fee shift makes it possible for the vehicle owner to keep 100 percent of any damage award from the court, hopefully making them whole again. For more information on this area of law, see our overview of consumer law.
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