Illinois Used Lemon Law Claim – FTC Used Car Rule

The FTC Used Car Rule (16 §455) for the Illinois used lemon car

The FTC Used Car Rule came into effective on the 9th of May, 1985. The FTC Used Car Rule covers all used vehicles barring a few motorcycles and leased vehicles bought by the lessee and applies to those Illinois used car sellers who have sold at least five used vehicles the previous year in the State of Illinois.

The ‘Buyer’s Guide’ for an Illinois used car buyer

According to the used car rules set by the FTC each Illinois used car must carry its window a ‘Buyer’s Guide.

The ‘Buyer’s Guide should provide the following cautions to the Illinois used car buyer to:

• Ask the dealer if an independent inspection of the Illinois used car is permitted before the buy
• Check if the Illinois used car is covered by a warranty
• Check any warranty coverage and of the terms and conditions of any warranty
• Ask the Illinois used car dealer to put all his verbal promises in writing
• Ask what an ‘as is’ sign actually means
• Check if the Illinois used car is covered by implied or express warranties if the car carries a sticker with ‘as is/no warranty’ sign
• Check the term of coverage and the percentage share of the Illinois used car dealer for cost of the repairs
• Check with the Illinois used car dealer for the availability and terms of service contracts if any
• Check for a list of defects that may occur in the Illinois used car in the mechanical and safety systems of the Illinois used car

Other guidelines by the Buyer’s Guide for the Illinois used car sale

The Buyer’s Guide must conform to changed clauses of the Illinois used car deal for the warranty coverage

• An Illinois used car purchase must be accompanied by a Buyer’s Guide
• As a reference for the contract, the Buyer’s Guide overrides any contradicting provisions in the contract
• The color, size and wording in the Buyer’s Guide must corroborate to those specified in the Rule
• The Buyer’s Guide and the contract language must be available in both Spanish and English
• No shorthand phrases are used in an express warranty for the Illinois used car

The FTC Used Car Rule for the Illinois used car dealer

The FTC Used Car Rule bars an Illinois used car dealer from:

• Misrepresenting the mechanical state and the terms of any warranty offered with the Illinois used car on sale
• Misleading an Illinois used car buyer that the car on sale comes with a warranty
• Avoiding to disclose the terms of any written warranty offered in an Illinois used car sale

Violation of the FTC Used Car Rule is a violation of the Magnuson-Moss Warranty Act

Since the FTC Used Car Rule was in part promulgated under the federal Magnuson-Moss Act, violating the Used Car Rule (15 U.S.C. §2309b) is as equivalent to the violation of the Magnuson-Moss Act. Violating the FTC Act is actionable under the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/1 et. seq.

The provisions as given in the Magnuson-Moss Warranty Act for enforcement of rights and remedies are read by the Illinois lemon law attorneys in conjunction with those rights, remedies and defenses given in the Uniform Commercial Code. An Illinois lemon law attorney also takes into consideration, lemon laws and other state laws used to create special rights and remedies for the Illinois new and lemon used car consumers. The Magnuson Moss Warranty Act even applies if the defect Illinois lemon used car is eventually repaired but took a very long time to do so.

The directives given above are not intended as legal advice. You may pursue your lemon law claim or any other dispute with your automobiles by being in communication with Illinois lemon law Attorneys of Krohn & Moss Ltd., or Call 1-800 US LEMON® (800-875-3666) toll free, to reach Krohn & Moss for your FREE initial consultation.

Toyota Recalls MY 2006 and 2007 Highlander Hybrid and RX 400h Vehicles

Toyota Motor Sales, USA, Inc. (TMS) announced that it would conduct a voluntary safety recall of more than 110,000 hybrid vehicles in the United States, Japan and Europe over faulty transistors in electrical power control boards. The US market is the most affected, with the Japanese auto giant recalling 45,500 units of its Highlander Hybrid and 36,700 Lexus RX 400h vehicles which is because their hybrid system’s Intelligent Power Module may not have been put together properly. This most recent recall affects certain vehicles from MY 2006 and 2007. Roughly 3,000 of the same vehicles are also being recalled in Canada, according to a Toyota spokesperson. Toyota is also recalling 11,164 vehicles of the same model in Japan for the same defect. According to a Toyota spokesperson, the recall will cover roughly 15,000 vehicles in Europe.
This voluntary safety recall is over the issues related to:

• The Intelligent Power Module (IPM) located inside the Hybrid System Inverter which contains a control board with transistors
• Certain transistors on the control boards in some of the subject vehicles which were inadequately soldered
• Certain transistors which could be damaged from heat caused by large current spikes during high-load driving

If this were to occur:

• Various warning lamps illuminate on the instrument panel
• In most cases the vehicle will enter a fail-safe driving mode, resulting in reduced power
• As a result of reduced power, the vehicle can be driven for short distances only
• In limited instances, the power supply circuit fuse could blow if the transistor is damaged
• In the worst case, the hybrid system will stop and the vehicle will coast to a stop if the fuse blows

Toyota is currently working on procuring the necessary parts for replacement. Toyota doesn’t have the parts it needs to fix its latest problem, but once it does, it will notify individual owners of the recall, most likely in mid-July for free inspections and repairs. In the Interim, owners of the involved vehicles will be notified of the recall by first class mail in mid-July, 2011. Once the sufficient replacement parts are procured, Toyota will send a second owner notification by first class mail. It will advise owners of the affected vehicles as to which authorized Toyota dealer has to be contacted to have the IPM inspected and get it replaced if necessary, at no cost to the owner.
Earlier this month, more hybrid car buyers were hit with bad news. More than 100,000 Priuses are being recalled worldwide over a steering problem. Meanwhile owners of the hybrid cars should check Toyota’s database with their vehicle identification number (VIN) for information if their cars are among those being recalled.
Toyota recalled about 14 million vehicles since 2009

According to the New York Times:

• By 2011 February, Toyota had recalled a total of about 14 million vehicles since 2009, largely over the issues of accelerator pedal
• In April, Toyota recalled 214,000 RAV4s and 94,000 Highlander and Highlander HV vehicles for airbag sensor problems
• Toyota recalled 51,000 of its Tundra trucks to inspect their rear drive shafts
• Some Toyota hybrids could stop in their tracks because of an electrical problem leading to a blown fuse

The latest global recall is yet another blow for the company struggling to restore its reputation. It has recalled millions of vehicles since 2009 over safety defects and paid the US authorities nearly 50 million USDs in penalties. Earlier this month Toyota recalled around 139,000 vehicles globally, including 106,000 first-generation Prius hybrid vehicles, over a problem with their steering system.
Information given above is not intended as legal advice. You may continue your lemon law claim or any other contention with your automobiles by contacting Illinois lemon law attorneys of Krohn & Moss Ltd., or Call 1-800 US LEMON® (800-875-3666) toll free, to reach Krohn & Moss for your FREE initial consultation.

The Illinois Lemon Law – The Used Car Buyer Protection

A car is one of the most common consumer buys. Purchasing a car is one of the most expensive propositions most of us make after a house. Even if we buy a car almost every five or ten years, we cannot boast that we know everything about the car we purchase. As the years are passing, an average car is becoming increasingly complex due to the technology growth that is occurring in the auto industry by leaps and bounds and we are at a loss with so many systems and processes to comprehend. And the models of the cars available in the market today are mind boggling, to start with. This puts us all in a state that we come to heavily rely on the advice and mercy of a car salesperson. That is why we need the intervention of lemon laws, in case we are taken out on a long ride over a lemon car.
If you are living in the state of Illinois and has bought yourself a car in the state of Illinois, there are two principal laws the protect you with your investment in the car.

The Illinois lemon law

• The Illinois New Vehicle Buyer Protection Act, commonly known as the Illinois lemon law protects consumers who buy or lease new cars, pickup trucks, and vans in Illinois
• The Illinois lemon law deals with the warranties manufacturers and dealers provide
• The Illinois lemon law offers consumers a remedy if a dealer or manufacturer fails to honor its written warranties

The Illinois lemon law – Cars eligible for protection

The Illinois lemon law covers:

• New cars, pickup trucks, vans under 8,000 pounds and recreational vehicles purchased in Illinois
• A new vehicle if it is leased for at least four months
• The vehicles which are used at least 40 percent of the time for personal, family, or household use

The Illinois lemon law – How long is your car protected?

If the warranty on your new or used car has already expired, the Illinois lemon law DOES NOT apply.

• The Illinois lemon law applies to any written express warranty on the vehicle for one year or 12,000 miles, whichever occurs first
• The manufacturer or dealer must repair a vehicle in accordance with the warranty if the defect or problem is covered by the warranty
• The manufacturer or dealer must repair a vehicle in accordance with the warranty if the owner reports it within the warranty period or 12 months after delivery of the vehicle, whichever comes first
• As long as the problem is reported within the warranty period, the manufacturer or dealer must make repairs, even if the warranty subsequently runs out

The Illinois lemon law – Special provisions for cars with serious problems

The Illinois lemon law has special provisions for vehicles with serious problems i.e., the real lemons, as the following:

• If the dealer or manufacturer is unable to repair a vehicle’s problem after a reasonable number of attempts, the buyer or person leasing the vehicle has a right to go to the manufacturer’s arbitration program or to court and seek a replacement vehicle or a full refund of the purchase or lease price

What constitutes a reasonable number of attempts at repairs depends on the problem

A reasonable number of attempts at repairs is:

• Four or more unsuccessful attempts to correct the same problem
• More than one unsuccessful attempt to correct a problem that causes a complete failure of the steering or braking system and the defect is likely to cause serious injuries or death
• Any attempts at warranty repairs that cause the vehicle to be out of service for repairs for 30 or more business days

The Illinois lemon law – When is your car not eligible

• The Illinois lemon law does not apply to problems that do not substantially impair either the use or market value of the car
• The law does not cover problems resulting from abuse, neglect, or unauthorized alterations to the car

The Illinois Used Car Warranty Law

• The Illinois Used Car Warranty law covers the power train of used vehicles
• The Illinois Used Car Warranty law covers the power train including the engine block, engine head, internal engine parts, oil pan, gaskets, water pump, intake manifold, transmission and internal transmission parts, torque converter drive shaft, U-joints, rear axle and its internal parts and rear wheel bearings
• According to the Illinois Used Car Warranty law, a retail automobile dealer in Illinois is liable for a portion of the cost of repairs on power train components for 30 days from the date of delivery
• According to the Illinois Used Car Warranty law for cars up to two years, the dealer is liable for 50 percent of the cost of repairs
• Cars which are over two years, but not three years yet, carry a 25 percent liability to the dealer
• Cars between three and four years old require 10 percent coverage by the dealer
• The Illinois Used Car Warranty law does not cover cars older than four years

The Federal Used Motor Vehicle Trade Regulation Rule – The Federal Used Car Rule

There is a Federal Used Motor Vehicle Trade Regulation Rule that requires a dealer to properly represent the:

• Condition of a used vehicle
• Terms of the warranty offered, if any

The warranty applies only if the consumer buys from a used car dealer

• Any used car business person selling more than five used cars a year is considered a dealer and is required to get a license from the State of Illinois
• A person who sells more than five used cars a year without a license from the State of Illinois is still a dealer

The Illinois Used cars marked ‘as is’ and No Warranty

Any vehicle offered for sale by a dealer must be clearly marked “as is – no warranty”, if no warranty is offered. The dealer must also disclose the history of the vehicle if it affects the buyer’s decision to buy it.
The directives given above are not intended as legal advice. You may pursue your lemon law claim or any other dispute with your automobiles by being in communication with Illinois Lemon Law Attorneys of Krohn & Moss Ltd., or Call 1-800 US LEMON® (800-875-3666) toll free, to reach Krohn & Moss for your FREE initial consultation.

Identify a Lemon and Hire a Lemon Law Attorney

The Illinois lemon law protects consumers in Illinois from being saddled with an Illinois lemon vehicle. Lemon laws vary with individual state, and the Illinois lemon law only protects new vehicle purchases that meet certain requirements. Determining whether a vehicle is a lemon or not is a very daunting task and the owners of the Illinois lemons should consider seeking out expert Illinois lemon law attorney for knowledgeable advice. If the vehicle is a lemon, an expert Illinois lemon law attorney can skillfully negotiate your case in your favor.
Following are the guidelines from the Illinois lemon law to help you identify if your vehicle is a lemon. You may consider hiring an expert Illinois lemon law attorney to help evaluate your case and seek Illinois lemon law protection.
The Illinois Lemon law covers:

• Only new cars that are purchased or leased
• Light trucks and vans less than 8,000 pounds
• Recreational vehicles Law
• Vehicles in their first 12 months or 12,000 miles
• vehicles purchased in Illinois

The Illinois Lemon law covers states that the vehicle

• Must have a nonconformity that both substantially impairs the use, market value or safety of the vehicle
• Is not repairable by the dealer or manufacturer in at least four attempts for the same repair
• Be out of service for a total of 30 or more business days

Vehicles not covered by the Illinois lemon law

There are four kinds of vehicles not covered by the Illinois lemon law:

• Used Cars
• Altered or Modified Vehicles
• Motorcycles
• Boats

If you think you own an Illinois lemon vehicle you should consider contacting an Illinois lemon law attorney.

• if a problem persists after multiple repair attempts by the dealer or manufacturer
• The Illinois lemon law requires at least 4 repair attempts by the dealer or manufacturer to repair the same problem

keep good records of any and all repairs made by the mechanic.
Hire an Illinois lemon law attorney
Illinois lemon law attorney are skilled in protecting consumer interests under state and federal laws, and many offer free consultations. They can help identify and determine if a vehicle is a lemon, and whether or not a settlement can be negotiated with the manufacturer. Hiring a lawyer shows the manufacturer that the owner of the vehicle is serious about receiving compensation.

Illinois Lemon Law Compensation

The Magnuson-Moss Warranty Act: If the defects with your vehicle do not meet the requirements of the Illinois lemon law, you may still claim under other state and federal laws that the Illinois lemon law protection for your new vehicles.

The Magnuson-Moss Warranty act is a Federal Law that protects you if your vehicle is defective and has an express written warranty. The Magnuson-Moss Warranty act applies to your defective vehicle that does not perform as it should. The Magnuson-Moss Warranty act greatly affects the rights of car buyers. a vehicle manufacturer cannot void the warranty on a vehicle due to an after market part unless he can prove that the after market part caused or contributed to the failure in the vehicle as per the Magnuson Moss Warranty Act -15 U.S.C. 2302(C). If your car is a lemon and has a written warranty, the warranter must permit you the choice of either a refund or replacement of the defective car.
The directives given above are not intended as legal advice. You may pursue your lemon law claim or any other dispute with your automobiles by being in communication with Illinois lemon law attorneys of Krohn & Moss Ltd., or Call 1-800 US LEMON® (800-875-3666) toll free, to reach Krohn & Moss for your FREE initial consultation.

Things You Should Know about the Illinois Lemon Law

You buy a brand new dream car in Illinois. This new dream machine of yours would, instead of hitting the road, spend its time and your money in an auto repair shop. If this scenario appears to be your story, time you took advantage of the Illinois lemon law.
Here are a few questions most frequently asked by a car consumer in Illinois and the answers he must take cognizance about.
How would I know if my new vehicle is a lemon?
According to the Illinois lemon law a new vehicle is a lemon if:

• It has a nonconformity that substantially impairs its use, market value or safety
• The same nonconformity is not repairable by the dealer or manufacturer in at least four repair attempts
• The vehicle is out of service for a total of 30 or more business days

What are the vehicles that are covered under the Illinois lemon law?
The Illinois lemon law covers:

• New Cars purchased or leased
• Light trucks and vans under 8,000 pounds
• Recreational vehicles, excluding their trailers
• Vehicles in their first 12 months or 12,000 miles, whichever occurs first
• Vehicles purchased in Illinois

What are the vehicles that are NOT covered under the Illinois lemon law?
The Illinois lemon law DOES NOT cover:

• Used cars
• Altered or modified vehicles
• Motorcycles and boats

How does the Illinois lemon law work?
To get the Illinois lemon law work:

• The consumer must contact the designated manufacturer representative for the lemon vehicle

How does a designated manufacturer representative for my vehicle help me under the Illinois lemon law?
Under the Illinois lemon law:

• This designated representative will ONLY forward the required information and forms to you
• The Illinois lemon law claims cannot be initiated directly through the dealer

Is there a time frame for filing my claim under the Illinois lemon law?

• The time period in which an Illinois lemon law complaint has to be filed is 12 months from the date of purchase of the lemon vehicle

Can I proceed under the Illinois lemon law through my car dealer?

• Illinois lemon law claims cannot be initiated directly through your car dealer
• Many a consumer has lost his Illinois lemon law protection because he waited longer than 12 months from the purchase date of your lemon vehicle

How do I go about filing my claim under the Illinois lemon law?

• Never ever believe that you can proceed under the Illinois lemon law through your dealer
• It is extremely important that you file your Illinois lemon law claim with your designated representative before your right to do so expires
• The time period in which an Illinois lemon law complaint has to be filed is 12 months from the date of purchase of the lemon vehicle

What compensations can I expect for my lemon vehicle under the Illinois lemon law?
Under the Illinois lemon law you can expect one of the following compensations:

• A replacement vehicle of similar value
• The manufacturer buys back your vehicle from you, less the value for miles driven

Do I have any other recourse if I fail to get protection under the Illinois lemon law?

If you fail to get protection under the Illinois lemon law there are:

• Other Federal and Illinois laws that deal with contracts and warranties for new products or cars
• Before deciding on a particular course of action, you are required to consult a lemon law attorney
• The Illinois lemon law attorneys can discuss various alternatives and determine the best course of action for getting your consumer protection against your lemon vehicle

The directives given above are not intended as legal advice. You may pursue your lemon law claim or any other dispute with your automobiles by being in communication with Illinois lemon law Attorneys of Krohn & Moss Ltd., or Call 1-800 US LEMON® (800-875-3666) toll free, to reach Krohn & Moss for your FREE initial consultation.