2023 Illinois Compiled Statutes › Chapter 815 - BUSINESS TRANSACTIONS › 815 ILCS 380/ - New Vehicle Buyer Protection Act.

(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.)
(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 or a fire department, fire protection district, or township fire department that purchases or leases for a period of at least one year a new vehicle from the seller.
(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,
a vehicle purchased by a fire department, a fire protection district, or a township fire department, 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. 95-802, eff. 1-1-09.)
(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 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.)
(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.)
(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.)
(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.)
(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.)
(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.)