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90_SB1297
815 ILCS 505/2L from Ch. 121 1/2, par. 262L
Amends the Consumer Fraud and Deceptive Business
Practices Act. In provisions setting out the percentage of
the cost of repair of power train components to be covered by
a new or used vehicle dealer for a period of 30 days from the
date of delivery of the vehicle to the purchasing consumer
depending on the age of the vehicle, adds a provision that
the dealer must cover 100% of the cost of repair of power
train components for a period of 3 days after delivery of the
vehicle to the purchasing consumer regardless of the age of
the vehicle, excluding repairs necessitated by abuse,
negligence or collision. Provides that the provision which
exempts dealers from any warranty upon agreement with a
purchasing consumer does not exempt dealers from the 100%
coverage of power train components for 3 days after delivery.
Provides that a motor vehicle dealer or motor car
manufacturer may issue a warranty or guarantee that meets or
exceeds these protections. Effective January 1, 1999.
LRB9007365SMdvB
LRB9007365SMdvB
1 AN ACT to amend the Consumer Fraud and Deceptive Business
2 Practices Act by changing Section 2L.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Consumer Fraud and Deceptive Business
6 Practices Act is amended by changing Section 2L as follows:
7 (815 ILCS 505/2L) (from Ch. 121 1/2, par. 262L)
8 Sec. 2L. Any retail sale of a motor vehicle made after
9 January 1, 1968 to a consumer by a new motor vehicle dealer
10 or used motor vehicle dealer within the meaning of Chapter 5
11 of the Illinois Vehicle Code is made subject to this Section.
12 (a) The dealer is liable to the purchasing consumer for
13 the following share of the cost of the repair of Power Train
14 components for a period of 30 days from date of delivery,
15 unless the repairs have become necessary by abuse,
16 negligence, or collision. The burden of establishing that a
17 claim for repairs is not within this Section shall be on the
18 selling dealer. The dealer's share of such repair costs is:
19 (1) in the case of a motor vehicle which is not more
20 than 2 years old, 50%;
21 (2) in the case of a motor vehicle which is 2 or more,
22 but less than 3 years old, 25%;
23 (3) in the case of a motor vehicle which is 3 or more,
24 but less than 4 years old, 10%; and
25 (4) in the case of a motor vehicle which is 4 or more
26 years old, none.
27 (b) Notwithstanding the foregoing, such a dealer and a
28 purchasing consumer may negotiate a sale and purchase that is
29 not subject to this Section if there is stamped on any
30 purchase order, contract, agreement, or other instrument to
31 be signed by the consumer as a part of that transaction, in
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1 at least 10-point bold type immediately above the signature
2 line, the following:
3 "THIS VEHICLE IS SOLD AS IS WITH NO WARRANTY
4 AS TO MECHANICAL CONDITION"
5 The exemption from a warranty as provided in this
6 subsection (b) shall not apply to the dealer liability in
7 subsection (b-5).
8 (b-5) In addition to the requirements of subsection (a),
9 the dealer is liable to the purchasing consumer for 100% of
10 the cost of repair of power train components for a period of
11 3 days after delivery regardless of the age of the motor
12 vehicle, unless the repairs have become necessary by abuse,
13 negligence, or collision.
14 (c) As used in this Section, "Power Train components"
15 means the engine block, head, all internal engine parts, oil
16 pan and gaskets, water pump, intake manifold, transmission,
17 and all internal transmission parts, torque converter, drive
18 shaft, universal joints, rear axle and all rear axle internal
19 parts, and rear wheel bearings.
20 (d) The repair liability means that the dealer will make
21 necessary Power Train component repairs in his shop, or in
22 the shop of his service affiliate, on the basis of his
23 regular list price charge for parts and labor, where the flat
24 rate list price does not exceed 50% of the selling price of
25 the vehicle at the time repairs are requested.
26 (e) The age of the vehicle shall be measured according
27 to the manufacturer's model year designation as shown on the
28 Certificate of Title or Registration Certificate. Vehicles
29 shall be designated as current year models, one year old, 2
30 year old, and so forth according to the time that has elapsed
31 since January 1 of the appropriate model year so designated.
32 (f) This Section does not preclude the issuance of a
33 warranty or guarantee by a motor vehicle dealer or motor car
34 manufacturer that meets or exceeds the basic provisions of
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1 paragraphs paragraph (a) and (b-5).
2 (g) After the effective date of this amendatory Act of
3 1989, executives' and officials' cars when so advertised
4 shall have been used exclusively by executives of the parent
5 motor car manufacturer's personnel or by an executive of an
6 authorized dealer in the same make of car. These cars, so
7 advertised, shall not have been sold to a member of the
8 public prior to the appearance of the advertisement.
9 Any person who violates this Section commits an unlawful
10 practice within the meaning of this Act.
11 (Source: P.A. 86-351; 87-1140.)
12 Section 99. Effective date. This Act takes effect
13 January 1, 1999.