Dealing with a defective car can be very frustrating, and it becomes even worse when it is a used car. The reason for this is that the Illinois Lemon Law does not extend its coverage to used vehicles. The law mainly protects new car buyers during the statutory warranty period, which means people who purchase used cars cannot file a Lemon Law case against the manufacturers.
However, other legal options like the federal Magnuson-Moss Warranty Act, the implied warranty of merchantability, and the Illinois Consumer Fraud Act allow used car buyers to pursue justice if the car becomes defective.
At Easy Lemon, we’re here to help you understand your rights when you’re dealing with a defective vehicle. We’re proud of our 99% win rate, and our experienced Lemon Law attorneys are committed to holding manufacturers and dealers accountable and getting you the fair outcome you deserve. Feel free to reach out to us for a free case evaluation.
In this article, we’ll cover the requirements you need to meet to file a claim under the Illinois Lemon Law, the legal protections you have as a used car buyer, and what to do if you end up with a defective used car in Illinois.
What Vehicles Are Covered Under the Illinois Lemon Law?
Generally, the Illinois Lemon Law only applies to new vehicles, whether purchased or leased. It covers only passenger cars, light trucks, and vans under 8,000 pounds, along with recreational vehicles and certain trailers. A vehicle is considered a lemon in Illinois if a substantial defect arises within the first 12 months or 12,000 miles, whichever comes first.
The defect must impair the vehicle’s use, value, or safety substantially.
Also, the motor vehicle must have undergone at least four attempts at repairs or have been out of service for a cumulative total of 30 or more business days. It is important to note that this protection does not extend to used cars, motorcycles, or boats.
Does Illinois Lemon Law Cover Used Cars?
The Illinois Lemon Law does not cover used cars. The Illinois Lemon Law, also known as the Illinois New Vehicle Buyer Protection Act, was designed to protect consumers of newly purchased or leased vehicles with defects that substantially impair their use, market value, or safety.
As such, the law does not provide coverage for used vehicles even if they meet other eligibility requirements. As long as it has been resold by the original purchaser, the vehicle is no longer eligible for any Lemon Law claim under the Illinois law. However, some used car buyers might still have rights under federal law, including the Magnuson-Moss Warranty Act.
This federal act applies to both new and used vehicles sold with a written warranty. If a vehicle manufacturer fails to honor the warranty after a reasonable number of attempts to repair the defect, the vehicle buyer can seek justice under the federal Lemon Law.
However, Illinois used car buyers should always check for implied warranties, applicable express warranties, and dealer guarantees to protect themselves. State law also requires dealers selling certain used cars “as-is” to provide a short warranty period, often 15 days or 500 miles, whichever occurs first.
Legal Protections Available for Used Car Buyers in Illinois
Although Illinois does not extend its Lemon Law to used cars, that doesn’t leave used car buyers without help. There are several state and federal protections that apply when a used vehicle turns out to be defective.
Implied Warranty of Merchantability Explained
Most cars sold by dealers in Illinois carry an implied warranty of merchantability, even if it is not written in the sales contract. This means the car must be safe to drive and suitable for normal use, such as reliable transportation. If a serious defect makes the car unsafe or unusable, the dealer can be held responsible.
However, this vehicle warranty has a limited duration. It only covers a “reasonable” number of months or miles after the vehicle purchase, depending on the type of sale and the car’s condition. Dealers may sell a vehicle “as-is,” but they must clearly disclose this in writing.
Express Warranties on Used Cars
Along with implied protections, buyers may also receive the manufacturer’s express warranties. These can come directly from the manufacturer, in the case of certified pre-owned motor vehicles, or from the dealer if extra coverage is offered at the time of sale.
Manufacturer-certified warranties often extend the original manufacturer’s warranty and may cover major components such as the engine, transmission, and electrical systems. Dealer-provided warranties may range from short-term limited coverage to extended service contracts. These warranties are enforceable and must be honored if the vehicle has problems during the stated warranty period.
Illinois Consumer Fraud Act
The Illinois Consumer Fraud and Deceptive Business Practices Act protects buyers from misrepresentation or fraudulent practices by sellers. If a dealer lies about the condition of a used car, hides a known defect, or falsifies the vehicle’s history, the buyer may have legal grounds to file a claim.
Examples include dealers rolling back odometers, failing to disclose that a car was previously in a major accident, or advertising features that the car does not actually have. Under this law, vehicle buyers can pursue compensation and, in some cases, recover attorney’s fees. This is especially important for buyers of used cars who rely on comparable motor vehicle pricing and purchase agreements.
How to Handle a Defective Used Car in Illinois
Owning a defective used car can be a frustrating experience, especially since the state’s Lemon Law doesn’t cover used vehicles. Here are some options available to you if you find yourself stuck with a Lemon.
Dealer Repair Programs and Voluntary Warranties
Some car dealers offer limited warranties or voluntary repair programs for used cars with the aim of attracting buyers. For example, a dealer might promise to repair serious problems with the engine or transmission within the first 90 days.
It is important, however, to document any promise given and not rely on verbal assurances. Also, read all warranties carefully before signing. This warranty often excludes routine wear-and-tear parts, smaller repairs, or damages linked to improper maintenance. If you rely on the program without confirming its details, you might discover too late that the promised coverage does not apply to your situation.
Independent Repair Options
If such dealership programs are not available, you can turn to an independent mechanic or repair shop. The benefit of this option is that you can choose a mechanic you trust, and repairs may be completed more quickly than waiting for a dealer’s schedule.
The downside is that you will usually have to cover the costs out of pocket, and there is no guarantee you can recover the money from the seller. Still, this option may be the most practical if the defect makes the car unsafe to drive and you need to fix it quickly.
How to Avoid a Lemon When Buying a Used Car
When buying a used car in Illinois, there are certain due diligence steps you should take to avoid getting stuck with a Lemon. Since the Illinois Lemon Law does not usually cover used cars, it is up to the buyer to take precautions. One of the first steps is to critically assess the vehicle’s history. Reports from services like Carfax or AutoCheck can reveal past accidents or issues that could easily signal a red flag.
Another important step is to have a trusted mechanic properly examine the car for issues before purchase. An experienced mechanic can spot hidden problems that could cost you thousands to repair later on. Warranty coverage is another area that used car buyers need to pay attention to. Some used cars may still have protection from the manufacturer’s original warranty, while others might come with a limited dealer warranty.
It is important to verify warranty coverage and reasonable use allowances, and to ensure that any verbal assurances are documented in writing. Buyers should also compare the vehicle with a comparable motor vehicle and check the lease cost or purchase price for fairness. Note that if the car is sold as-is, you are solely responsible for any issues that may come up in the future.
Finally, scrutinize the dealer’s advertising and the sale contract for the vehicle. When reviewing the contract, look out for hidden fees or clauses that may limit your rights. And if you’re put under pressure by the dealer to quickly sign off on a contract, it could mean that something is up. Taking these steps helps safeguard you from falling victim to defective used vehicles.
Navigate Your Lemon Law Journey with Confidence
The absence of protection for used car buyers under Illinois’ Lemon Law can make the buying process challenging for many. However, other state and federal laws, such as the Magnuson-Moss Warranty Act and the Illinois Consumer Fraud Act, make it possible for victims of defective used vehicles to seek legal recourse, especially when deceived into purchasing the vehicle. The challenge is that the process of filing a lemon law claim is not always straightforward. Working with a legal professional can help you navigate the process with ease.
Easy Lemon is a reputable law firm with over three decades of experience in helping victims of Lemon Law issues pursue justice and obtain their deserved compensation. During this period, our seasoned Lemon Law attorneys have helped victims secure over $50 million in refunds, cash settlements, and replacement vehicles. If you believe your car is a lemon, contact us now for a free case evaluation.
FAQ
These are frequently asked questions about the Illinois used car Lemon Law:
Does the Lemon Law in Illinois Cover Used Cars?
No, Illinois does not offer Lemon Law coverage to owners of used vehicles. The law only applies to new vehicles. Nonetheless, used car purchases may still be protected under state and federal laws, such as the Magnuson-Moss Warranty Act and the Illinois Consumer Fraud Law.
Can You Return a Used Car If It Has Problems in Illinois?
There are no automatic rights to return a used car once it has been purchased. Your options depend on any warranties or agreements made at the time of purchase.
What Is the Mileage Limit for Lemon Laws in Illinois?
The law applies within the first 12 months or 12,000 miles, whichever occurs first. Used vehicles do not have a mileage limit since they are not covered under the Illinois Lemon Law.
How Long Do You Have to Return a Vehicle After Purchase in Illinois?
Illinois Law does not specify a number of days within which car buyers can return a vehicle. Once the contract is signed and finalized, the purchase is binding unless the dealer agreed otherwise in writing. However, for used cars that are found to be defective, you may be entitled to a buyback under the Illinois Lemon Law. This simply means that if your case is proven in court, the manufacturer is required to either offer a replacement vehicle or a refund.
What Are My Rights as a Consumer When Buying a Used Car in Illinois?
Used car buyers are protected by laws that prohibit fraud and deception. The Illinois Fraud and Deceptive Practices Act requires that dealers be truthful about the condition of a vehicle when selling. If a dealer does otherwise, you are entitled to seek remedies under applicable laws.
Are There Any Recognized Organizations or Resources Related to Lemon Law in Illinois?
The Illinois Attorney General’s Office provides consumer protection resources, and the Better Business Bureau Auto Line program may assist with warranty disputes. You can also visit the Illinois Lemon Law website for more information.
How Can I Determine If My Used Car Qualifies as a Lemon Under Illinois Law?
Since the Illinois Lemon Law does not apply to used cars, a used vehicle cannot qualify as a Lemon. However, if the car came with a warranty that the manufacturer refuses to honor, you may have a valid claim under the federal Lemon Law.
