This Act shall be
known and may be cited as the New Vehicle Buyer Protection Act.
For the purposes
of this Act, the following words have the meanings ascribed to
them in this Section.
"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
"Express warranty" has the same meaning, for the
purposes of this Act, as it has for the purposes of the Uniform
"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.
"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.
"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.
"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
"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
Failure of vehicle to conform; remedies; presumptions.
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.
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,
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
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.
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
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.
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.
Refunds made pursuant to this Act shall be made to the consumer,
and lien holder if any exists, as their respective interests
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.
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
manufacturer of the new vehicle has established such a
substantially with the provisions of Title 16, Code of Federal
Regulation, Part 703, as from time to time amended, and
the requirements of subsection (c); and
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.
disclosure of the decision in an informal dispute settlement
procedure shall include notice to the consumer of the provisions
of subsection (b).
to proceed and settle under this Act shall be barred from a
separate cause of action under the Uniform Commercial Code.
brought under this Act shall be commenced within eighteen months
following the date of original delivery of the motor vehicle to
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.
This Act shall
apply to motor vehicles beginning with the model year following
the effective date of this Act.