Protecting the Rights of Consumers
For Over 25 Years
|
By
EDELMAN COMBS LATTURNER & GOODWIN, LLC
Please contact us if you have a problem with a car or vehicle purchase, such as sale of a defective or wrecked vehicle. We have represented numerous clients in situations similar to yours and are adamant about holding those responsible accountable.
Note that Illinois now has a statutory warranty that protects you on the purchase of most used cars from an Illinois dealer for the lesser of 15 days or 500 miles. 815 ILCS 505/2L. The warranty is satisfied if a used motor vehicle functions for the purpose of ordinary transportation on the public highway and is substantially free of a defect in a power train component. "Power train component" means the engine block, head, all internal engine parts, oil pan and gaskets, water pump, intake manifold, transmission, and all internal transmission parts, torque converter, drive shaft, universal joints, rear axle and all rear axle internal parts, and rear wheel bearings. There are some exceptions for trucks over 8,000 lbs gross vehicle weight, vehicles with more than 150,000 miles, etc.
If the warranty is violated, you need to notify the dealer of the problem immediately (within 48 hours) and demand repairs. The remedy is repair, although if the dealer is unable to fix the defect you may be able to get out of the transaction.
If you give notice orally, follow up in writing.
Finally, give notice to both the dealer and any financial institution with which the dealer arranged financing -- the financial institution is on the hook for the dealer's fraud.