Chapter 815 Sec. 380

(815 ILCS 380/1)
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)
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.)

(815 ILCS 380/3)
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)
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)
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)
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)
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)
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.)