Lemon Law Tips

How do you qualify for the Lemon Law

Published on April 18th, 2018

Many Illinois vehicle owners simply grin and bear it while dealing with vehicle problems. Those owners may not understand that any breach of their warranty can be remedied for no cost or risk to themselves. In fact, a vehicle owner’s first step should be to contact an experienced Illinois consumer law attorney like Scott M. Cohen.

“The biggest challenge we face is educating the public that we are out there,” he says. “We can help people in these situations because most people are unaware that there are laws that will protect them in a situation where they buy a car or truck that has problems and can’t be fixed.”

Illinois’ Lemon Law

If the vehicle is relatively new, the owner may have a claim under the state’s lemon law. However, the requirements for relief under the lemon law are stringent:

  • The vehicle must suffer substantial impairment
  • That impairment is not repairable by the maker or dealer
  • At least four attempts to repair have to have been made within the first 12 months or 12,000 miles of the vehicle

For vehicle owners who don’t meet these requirements, a federal breach of warranty claim under the Magnuson-Moss Warranty Act offers broader relief.

Breach of Warranty

Vehicle owners are unaware that breach of warranty claims are possible even with older vehicles. “Let’s say, seven years into a 10-year warranty, the owner begins to have problems with the vehicle’s engine, and the manufacturer can’t fix it,” says Cohen. “Those people do have recourse; they can find a lawyer to get them damages for the manufacturer’s failure to repair.”

If the vehicle is under warranty when a defect is discovered, the owner may be able to recover from the manufacturer. This may even be possible past the expiration of the warranty due to a four-year statute of limitations for these claims. “If there is a failure of the warrantor to comply with an obligation of their warranty,” says Cohen, “you can bring a claim for damages.”

Cohen believes it’s easier to prove a claim under Magnuson-Moss than under the state lemon law. For example, while the vehicle defect need not be substantial as is necessary under the lemon law, the damages available under a breach of warranty may be less—as the measure of damages under a breach of warranty claim will be the difference in the value of the goods as warranted versus the value of the goods as accepted. “Basically, the amount the consumer overpaid for the vehicle” states Cohen.

Other differences in breach of warranty claims include:

  • Owner may still have a claim after selling vehicle
  • Subsequent purchasers may have a claim if still under warranty
  • Lessees of vehicles can bring a claim for breach of warranty
  • Owners have much longer period of time to bring a breach of warranty claim

What is the process of filing a breach of warranty claim?

Typically, any claims for breach of warranty must first submit to the manufacturer-funded informal dispute resolution process. This is a relatively pain-free process, it’s free to consumers, and the results are not binding. If the owner is dissatisfied with the result, he or she can still file a lawsuit in court. Cohen suggests reaching out to an experienced Illinois consumer law attorney prior to the dispute resolution process.

What are the risks?

There is almost no risk for vehicle owners to pursue these claims, and many consumer law attorneys take on these claims free of charge. If the case is successful, the law allows the attorneys to recoup their fees from the manufacturer. That fee shift makes it possible for the vehicle owner to keep 100 percent of any damage award from the court, hopefully making them whole again.

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