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In the state on Illinois the law regarding the consumer protection in case of defective vehicles, commonly known as Lemon Laws is codified as the "New Vehicle Buyer Protection Act".

This Act gives protection to vehicle owners who have purchased new vehicles in the state of Illinois, and whose vehicles experience chronic faults which render the vehicle either unsafe for use, or substantially reduces the market value of the vehicle.

Manufacturer's responsibility

Accordingly, in case of such vehicles, it is the responsibility of the manufacturer, either by himself, or through his authorized dealer, to correct the fault in the vehicle and get it to the condition as promised in the warranty.

A manufacturer would be considered to have made a sincere attempt to repair the faulty vehicle if he has tried it at least four (4) times, or the vehicle has been rendered unusable due to repairs for at least thirty (30) days during the warranty period.

If even after a serious attempt to repair the vehicle, the fault still persists, then at the choice of the buyer, the manufacturer may either replace the vehicle with a new one of comparable value, or may refund the amount paid by the buyer for the purchase of the vehicle. In case of refund, the manufacturer has to pay the price initially paid along with all the incidental expenses borne by the buyer to get the vehicle repaired. However taxes and some reasonable allowances may be deducted from this amount.

At the time of sale of the vehicle, the manufacturer must give the buyer a detailed written statement about the buyers’ rights and obligations under this Act.

Consumer's Obligation And Remedies

The protection of this Act will not be available to the consumer if he fails to report the problem to the manufacturer within the first twelve (12) months of the purchase or within the first 12000 miles of running, whichever comes first. Further, he has to provide a written notification to the manufacturer about the fault in his vehicle.

The protection will be lost if he has used the vehicle of purposes that are not consistent with the purpose of the design of the vehicle. For being entitled to the protection of the Act, the buyers must first resort to the informal dispute resolution mechanism as set up by the manufacturer for this very purpose. He must have received from the manufacturer a written intimation of the existence of such a mechanism at the time of purchase of the vehicle.

In case he is not satisfied with the decision of such an authority, he is free to bring a civil suit against the manufacturer.

When the action is initiated under this Act, then the buyer shall be barred from initiating a separate action under the provisions of the Uniform Civil Code. The Act makes it mandatory to consider any action so brought within eighteen (18) months from the date of delivery of the vehicle to the buyer.

The US federal law governing lemons is officially called The Magnuson-Moss Warranty Act, however, most American states each have their own lemon law.


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