That new coffee maker that didn’t brew, the new washing machine that rattles constantly, the new leather chair that arrived with scratches on it – it can be frustrating but there are solutions for the purchaser.

Recourse is available when a product that doesn’t function properly or doesn’t look in appearance the way it was presented.

• Defective goods. If the merchandise purchased is defective, notify the seller and lender, both verbally and in writing, about the need to replace the item or fix the defect. Until the problem is resolved, a buyer has the right to withhold payment on a contract and/or promissory note. However, defects do not release the buyer legally from the sales contract or promissory note but provide a defense if the seller tries to sue for nonpayment. In Illinois, the laws pertaining to purchases of cars differentiate somewhat from the purchase of other merchandise. For more information, consult a lawyer.
• “As is” merchandise. Ordinarily, if an item is sold "as is," no claim can be made against the seller. For example, a car purchased "as is," no warranty takes effect.
• Door-to-door sales. The law provides that a contract may be cancelled within three days in instances where the sale was in home and unsolicited. The proper notice procedure for the cancellation must be followed and any goods received returned to the seller.
• Limits on finance charges. In Illinois, there is a limit to the finance charges, which may be added to the price of goods purchased on an installment plan. The finance charge must be disclosed on the face of the contract. Any charge in excess of the limit is illegal, and the contract may be canceled at the buyer’s option. A lawyer can provide you with information about the limit on finances and can provide the advice to keep from entering into an unfavorable contract.
• If a contract is signed and the buyer fails to make the payments as set forth in the contract, the seller or issuer of the loan may sue to protect his or her interest. Often, the seller will attempt to repossess the item sold and send written notice of the intention to repossess. However, repossession may be prevented by payment in full before the date of repossession.
• Once an item is repossessed and no payment of the balance was made, the seller may resell the goods and credit the money received from the resale to what was owed on the contract. If the goods are sold for more than what was owed, the buyer gets the extra money back. However, if the difference is less than what was owed, the buyer may have to pay the difference.

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.