Full Text of HB4680 097th General Assembly
HB4680 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB4680 Introduced 2/3/2012, by Rep. Esther Golar SYNOPSIS AS INTRODUCED: |
| 815 ILCS 505/2L | from Ch. 121 1/2, par. 262L |
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Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that new and used motor vehicle dealers must disclose all known defects relating to a motor vehicle sold for a price of $1,000 or more. Provides that with respect to motor vehicles sold for a price of $3,000 or more, the dealer is responsible for 100% of the repair costs for the repair of power train components for a period of 30 days after delivery.
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| | A BILL FOR |
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| 1 | | AN ACT concerning business.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Consumer Fraud and Deceptive Business | 5 | | Practices Act is amended by changing Section 2L as follows:
| 6 | | (815 ILCS 505/2L) (from Ch. 121 1/2, par. 262L)
| 7 | | Sec. 2L.
Any retail sale of a motor vehicle made after | 8 | | January 1,
1968 to a consumer by a new motor vehicle dealer or | 9 | | used motor vehicle
dealer within the meaning of Chapter 5 of | 10 | | the Illinois Vehicle Code is
made subject to this Section.
| 11 | | (a) A dealer shall disclose to the purchaser all known | 12 | | defects with respect to a motor vehicle sold at a price of | 13 | | $1,000 or more. The dealer is liable to the purchasing consumer | 14 | | for the
following share of the cost of the repair of Power | 15 | | Train components for
a period of 30 days from date of delivery, | 16 | | unless the repairs have
become necessary by abuse, negligence, | 17 | | or collision. The burden of
establishing that a claim for | 18 | | repairs is not within this Section shall
be on the selling | 19 | | dealer. With respect to a motor vehicle sold for a price of | 20 | | less than $3,000, the The dealer's share of such repair costs | 21 | | is:
| 22 | | (1) in the case of a motor vehicle which is not more than 2 | 23 | | years
old, 50%;
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| 1 | | (2) in the case of a motor vehicle which is 2 or more, but | 2 | | less than
3 years old, 25%;
| 3 | | (3) in the case of a motor vehicle which is 3 or more, but | 4 | | less than
4 years old, 10%; and
| 5 | | (4) in the case of a motor vehicle which is 4 or more years | 6 | | old,
none.
| 7 | | The dealer shall be responsible for 100% of the cost of | 8 | | repair of Power Train components with respect to a motor | 9 | | vehicle sold for a price of $3,000 or more. | 10 | | (b) Notwithstanding the foregoing, such a dealer and a | 11 | | purchasing
consumer may negotiate a sale and purchase that is | 12 | | not subject to this
Section if there is stamped on any purchase | 13 | | order, contract, agreement,
or other instrument to be signed by | 14 | | the consumer as a part of that
transaction, in at least | 15 | | 10-point bold type immediately above the
signature line, the | 16 | | following:
| 17 | | "THIS VEHICLE IS SOLD AS IS WITH NO WARRANTY
| 18 | | AS TO MECHANICAL CONDITION"
| 19 | | (c) As used in this Section, "Power Train components" means | 20 | | the
engine block, head, all internal engine parts, oil pan and | 21 | | gaskets,
water pump, intake manifold, transmission, and all | 22 | | internal transmission
parts, torque converter, drive shaft, | 23 | | universal joints, rear axle and
all rear axle internal parts, | 24 | | and rear wheel bearings.
| 25 | | (d) The repair liability means that the dealer will make | 26 | | necessary
Power Train component repairs in his shop, or in the |
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| 1 | | shop of his service
affiliate, on the basis of his regular list | 2 | | price charge for parts and
labor, where the flat rate list | 3 | | price does not exceed 50% of the selling
price of the vehicle | 4 | | at the time repairs are requested.
| 5 | | (e) The age of the vehicle shall be measured according to | 6 | | the
manufacturer's model year designation as shown on the | 7 | | Certificate of
Title or Registration Certificate. Vehicles | 8 | | shall be designated as
current year models, one year old, 2 | 9 | | year old, and so forth according to
the time that has elapsed | 10 | | since January 1 of the appropriate model year
so designated.
| 11 | | (f) This Section does not preclude the issuance of a | 12 | | warranty or
guarantee by a motor vehicle dealer or motor car | 13 | | manufacturer that meets
or exceeds the basic provisions of | 14 | | paragraph (a).
| 15 | | (g) After the effective date of this amendatory Act of | 16 | | 1989,
executives' and officials' cars when so advertised shall | 17 | | have been used
exclusively by executives of the parent motor | 18 | | car manufacturer's personnel
or by an executive of an | 19 | | authorized dealer in the same make of car. These
cars, so | 20 | | advertised, shall not have been sold to a member of the public
| 21 | | prior to the appearance of the advertisement.
| 22 | | Any person who violates this Section commits an unlawful | 23 | | practice
within the meaning of this Act.
| 24 | | (Source: P.A. 86-351; 87-1140.)
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