Illinois prohibits “as is” sales of used cars by car dealers

As of July 1, 2017, Illinois requires a limited warranty on used cars. The purchaser must be covered for defects “in a power train component” of which 14 are listed. The defect must appear within 15 days or 500 miles, whichever is less. If the car breaks down within that 15 days or 500 miles, the dealer must fix it. The most you must pay is $100. Days when the car’s broken down don’t count. Neither do miles driven for repairs.

It is critical that you notify the dealer immediately, with written confirmation.

The law (part of the Illinois Consumer Fraud Act, 815 ILCS 505/2L) only applies to sales of cars with less than 150,000 miles by car dealers.

A “warranty of merchantability” is implied in all sales. That warranty assures that what you buy is “fit for the ordinary purposes for which such goods are used.” In the case of a car, that means it is safely and legally driveable.

An “as is” sale waives the implied warranty of merchantability. “As is” means you take the goods “as is,” with all its faults.

For sales taking place after July 1, 2017, Illinois prohibits “as is” used car sales by dealers.

Failure to include this warranty “renders a purchase agreement voidable at the option of the purchaser.”

If the repair cost would be more than what the car cost, you get a refund. They get the car.

Because this new law is part of the Consumer Fraud Act, you can get attorney fees if you sue and win.