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Your New Car: Turning a Lemon into Lemonade

Buying a car is a large expenditure. What could be more frustrating than discovering the car is a lemon? Illinois law provides recourse for turning that lemon into lemonade.

A new vehicle is covered by a manufacturer's warranty. Make sure the dealer explains the terms of the warranty, including its length and what is covered. Most manufacturers have a customer service network that helps unsatisfied customers, and many also have an independent arbitration system in place to deal with customer problems.

Lemon Law New Cars

A new car buyer may also find help under state or federal statutes. In Illinois, a buyer may be able to obtain a replacement vehicle or refund of all or part of the purchase price if:

  • The car has a defect, which substantially impairs the value, the safety or the use of the car.
  • The defect occurs within 12 months or 12,000 miles after deliver (whichever comes first).
  • The seller is unable to correct the defect after a reasonable time, usually after four or more repair attempts for the same problem if the car is out of service for 30 days or more.

Used Cars Lemon Law

There are a number of laws in place to protect used car buyers if the car does not function as promised.

Before signing a contract to purchase the car, arrange for an independent mechanic to thoroughly check the vehicle. State and federal laws require accurate odometer (mileage meter) readings. The seller is required to record on the title the odometer reading at the time of transfer, the date of the transfer, and the seller's name and address.

Used cars may be sold "as is" or with a limited warranty. If the car is bought "as is," the dealer is under no obligation to stand by oral representations he may have made prior to the purchase. If the dealer promises that certain repairs will be made, get them in writing.

Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.

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