Full Text of HB0501 95th General Assembly
HB0501 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0501
Introduced 02/01/07, by Rep. Jim Sacia SYNOPSIS AS INTRODUCED: |
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Creates the Used Vehicle Buyer Protection Act. Prohibits a used vehicle dealer from selling or leasing a used vehicle unless he or she stipulates to the consumer any mechanical or technical defects or problem history of that particular make, model, and year of that vehicle. Requires a used vehicle dealer to provide the consumer with a written warranty containing the listed terms. Provides exclusions to the warranty's coverage. Provides remedies for the consumer and civil penalties against the used vehicle dealer for failure to honor a warranty. Provides for arbitration of disputes concerning the warranty. Requires a dealer to provide the consumer with a notice of his or her rights at the time of purchase or lease of a used motor vehicle.
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A BILL FOR
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HB0501 |
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| AN ACT concerning business.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the Used | 5 |
| Vehicle Buyer Protection Act. | 6 |
| Section 5. Definitions. As used in this Act: | 7 |
| "Consumer" means the purchaser or lessee, other than for | 8 |
| purposes of resale, of a used motor vehicle primarily used for | 9 |
| personal, family, or household purposes and subject to a | 10 |
| warranty, and the spouse or child of the purchaser or the | 11 |
| lessee if either the motor vehicle or the lease of the motor | 12 |
| vehicle is transferred to the spouse or child during the | 13 |
| duration of any warranty applicable to the motor vehicle, and | 14 |
| any other person entitled by the terms of the warranty to | 15 |
| enforce the obligations of the warranty. | 16 |
| "Dealer" means any person or business that sells, offers | 17 |
| for sale, leases, or offers for lease a used vehicle after | 18 |
| selling, offering for sale, leasing, or offering for lease 3 or | 19 |
| more used vehicles in the previous 12-month period, but does | 20 |
| not include: | 21 |
| (1) a bank or financial institution except in the case | 22 |
| of a lease of a
used motor vehicle; | 23 |
| (2) a business selling a used vehicle to an employee of |
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| that business; | 2 |
| (3) a regulated public utility that sells at public | 3 |
| auction vehicles used in the ordinary course of its | 4 |
| operations, provided that any advertisements of those | 5 |
| sales conspicuously disclose the "as is" nature of the | 6 |
| sale; | 7 |
| (4) the sale of a leased vehicle to that vehicle's | 8 |
| lessee, a family member of the lessee, or an employee of | 9 |
| the lessee; or | 10 |
| (5) the State, its agencies, bureaus, boards, | 11 |
| commissions, and authorities, and all of the political | 12 |
| subdivisions of the State, including the agencies and | 13 |
| authorities of those subdivisions. | 14 |
| "Repair insurance" means a contract in writing for any | 15 |
| period of time or any specific mileage to refund, repair, | 16 |
| replace, maintain, or take other action with respect to a used | 17 |
| motor vehicle and that is regulated by the Department of | 18 |
| Insurance. | 19 |
| "Service contract" means a contract in writing for any | 20 |
| period of time or any specific mileage to refund, repair, | 21 |
| replace, maintain, or take other action with respect to a used | 22 |
| motor vehicle and provided at an extra charge beyond the price | 23 |
| of the used motor vehicle or of the lease contract for the used | 24 |
| motor vehicle. | 25 |
| "Used motor vehicle" means a motor vehicle, excluding motor | 26 |
| homes and off-road vehicles, which has been purchased, leased, |
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| or transferred either after 18,000 miles of operation or 2 | 2 |
| years from the date of original delivery, whichever is earlier.
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| "Warranty" means any undertaking in connection with the | 4 |
| sale or lease by a dealer of a used motor vehicle to refund, | 5 |
| repair, replace, maintain, or take other action with respect to | 6 |
| the used motor vehicle and provided at no extra charge beyond | 7 |
| the price of the used motor vehicle.
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| Section 10. Vehicle history; written warranty required; | 9 |
| terms. | 10 |
| (a) No dealer shall sell or lease a used vehicle unless he | 11 |
| or she stipulates to the consumer any mechanical or technical | 12 |
| defects or problem history of that particular make, model, and | 13 |
| year of that vehicle. | 14 |
| (b) Except as provided for in subsection (c) of Section 20, | 15 |
| no dealer shall sell or lease a used motor vehicle to a | 16 |
| consumer without giving the consumer a written warranty that | 17 |
| shall at minimum apply for the following terms: | 18 |
| (1) If the used motor vehicle has 36,000 miles or less, | 19 |
| the warranty shall be at minimum 90 days or 4,000 miles, | 20 |
| whichever comes first. | 21 |
| (2) If the used motor vehicle has more than 36,000 | 22 |
| miles, but less than 80,000 miles, the warranty shall be at | 23 |
| minimum 60 days or 3,000 miles, whichever comes first. | 24 |
| (3) If the used motor vehicle has 80,000 miles or more | 25 |
| but no more than 100,000 miles, the warranty shall be at a |
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| minimum 30 days or 1,000 miles, whichever comes first. | 2 |
| (c) The written warranty shall require the dealer or his or | 3 |
| her agent to repair or, at the election of the dealer, | 4 |
| reimburse the consumer for the reasonable cost of repairing the | 5 |
| failure of a covered part. Covered parts shall at least include | 6 |
| the following items: | 7 |
| (1) The engine including all lubricated parts, water | 8 |
| pump, fuel pump, manifolds, engine block, cylinder head, | 9 |
| rotary engine housings, and flywheel. | 10 |
| (2) The transmission including the transmission case, | 11 |
| internal parts, and the torque converter. | 12 |
| (3) The drive axle including front and rear drive axle | 13 |
| housings and internal parts, axle shafts, propeller | 14 |
| shafts, and universal joints. | 15 |
| (4) The brakes including the master cylinder, vacuum | 16 |
| assist booster, wheel cylinders, hydraulic lines and | 17 |
| fittings, and disc brake calipers. | 18 |
| (5) The radiator. | 19 |
| (6) The steering including the steering gear housing | 20 |
| and all internal parts, power steering pump, valve body, | 21 |
| piston, and rack. | 22 |
| (7) The alternator, generator, starter, and ignition | 23 |
| system, excluding the battery. | 24 |
| (d) The repair or reimbursement shall be made by the dealer | 25 |
| notwithstanding the fact that the warranty period has expired, | 26 |
| provided the consumer notifies the dealer of the failure of a |
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| covered part within the specified warranty period. | 2 |
| (e) The written warranty may contain additional language | 3 |
| excluding coverage: | 4 |
| (1) for a failure of a covered part caused by a lack of | 5 |
| customary maintenance; | 6 |
| (2) for a failure of a covered part caused by | 7 |
| collision, abuse, negligence, theft, vandalism, fire or | 8 |
| other casualty, and damage from the environment | 9 |
| (windstorm, lightning, road hazards, etc.); | 10 |
| (3) if the odometer has been stopped or altered such | 11 |
| that the vehicle's actual mileage cannot be readily | 12 |
| determined or if any covered part has been altered such | 13 |
| that a covered part was thereby caused to fail; | 14 |
| (4) for maintenance services and the parts used in | 15 |
| connection with those services such as seals, gaskets, oil, | 16 |
| or grease unless required in connection with the repair of | 17 |
| a covered part; | 18 |
| (5) for a motor tune-up; | 19 |
| (6) for a failure resulting from racing or other | 20 |
| competition; | 21 |
| (7) for a failure caused by towing a trailer or another | 22 |
| vehicle unless the used motor vehicle is equipped for | 23 |
| towing as recommended by the manufacturer; | 24 |
| (8) if the used motor vehicle is used to carry | 25 |
| passengers for hire; | 26 |
| (9) if the used motor vehicle is rented to someone |
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| other than the consumer; | 2 |
| (10) for repair of valves or rings to correct low | 3 |
| compression or oil consumption that is considered normal | 4 |
| wear; | 5 |
| (11) to the extent otherwise permitted by law, for | 6 |
| property damage arising or allegedly arising out of the | 7 |
| failure of a covered part; and | 8 |
| (12) to the extent otherwise permitted by law, for loss | 9 |
| of the use of the used motor vehicle, loss of time, | 10 |
| inconvenience, commercial loss, or consequential damages. | 11 |
| Section 15. Failure to honor warranty. | 12 |
| (a) If the dealer or his or her agent fails to correct a | 13 |
| malfunction or defect as required by the warranty specified in | 14 |
| this Act that substantially impairs the value of the used motor | 15 |
| vehicle to the consumer after a reasonable period of time, the | 16 |
| dealer shall accept return of the used motor vehicle from the | 17 |
| consumer and shall refund to the consumer the full purchase | 18 |
| price or, in the case of a lease contract, all payments made | 19 |
| under the contract, including sales or compensating use tax, | 20 |
| less a reasonable allowance for any damage not attributable to | 21 |
| normal wear or usage and adjustment for any modifications that | 22 |
| either increase or decrease the market value of the vehicle or | 23 |
| of the lease contract. In the case of a lease contract, the | 24 |
| dealer shall cancel all further payments due from the consumer | 25 |
| under the lease contract. In determining the purchase price to |
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| be refunded or in determining all payments made under a lease | 2 |
| contract to be refunded, the purchase price or all payments | 3 |
| made under a lease contract shall be deemed equal to the sum of | 4 |
| the actual cash difference paid for the used motor vehicle or | 5 |
| for the lease contract plus, if the dealer elects to not return | 6 |
| any vehicles traded-in by the consumer, the wholesale value of | 7 |
| any traded-in vehicle as listed in the National Auto Dealers | 8 |
| Association Used Car Guide, or in any other guide as may be | 9 |
| specified in rules adopted by the Secretary of State, as | 10 |
| adjusted for mileage, improvements, and any major physical or | 11 |
| mechanical defects in the traded-in vehicle at the time of | 12 |
| trade-in. | 13 |
| (b) The dealer selling or leasing the used motor vehicle | 14 |
| shall deliver to the consumer a written notice including | 15 |
| conspicuous language indicating that: (i) if the consumer is | 16 |
| entitled to a refund pursuant to this Act, the value of any | 17 |
| vehicle traded-in by the consumer; or (ii) if the dealer elects | 18 |
| to not return it to the consumer, for purposes of determining | 19 |
| the amount of the refund will be determined by reference to the | 20 |
| National Auto Dealers Association Used Car Guide wholesale | 21 |
| value, or any other guide as may be approved by the Secretary | 22 |
| of State, as adjusted for mileage, improvements, and any major | 23 |
| physical or mechanical defects, rather than the value listed in | 24 |
| the sales contract. The notice to the consumer shall contain | 25 |
| conspicuous language warning the consumer that failure to pay | 26 |
| any funds owed to the lienholder within 30 days will terminate |
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| the dealer's obligation to provide a refund. | 2 |
| (c) Refunds shall be made to the consumer and lienholder, | 3 |
| if any, as their interests may appear on the records of | 4 |
| ownership kept by the Secretary of State. If the amount to be | 5 |
| refunded to the lienholder will be insufficient to discharge | 6 |
| the lien, the dealer shall notify the consumer in writing by | 7 |
| registered or certified mail that the consumer has 30 days to | 8 |
| pay the lienholder the amount that, together with the amount to | 9 |
| be refunded by the dealer, will be sufficient to discharge the | 10 |
| lien. If the consumer fails to make the payment within 30 days, | 11 |
| the dealer shall have no further responsibility to provide a | 12 |
| refund under this Act. Alternatively, the dealer may elect to | 13 |
| offer to replace the used motor vehicle with a comparably | 14 |
| priced vehicle, with an adjustment in price as the parties may | 15 |
| agree. The consumer shall not be obligated to accept a | 16 |
| replacement vehicle, but may instead elect to receive the | 17 |
| refund provided under this Section. | 18 |
| (d) It shall be an affirmative defense to any claim under | 19 |
| this Section that: | 20 |
| (1) the malfunction or defect does not substantially | 21 |
| impair the value; or | 22 |
| (2) the malfunction or defect is the result of abuse, | 23 |
| neglect, or unreasonable modifications or alterations of | 24 |
| the used motor vehicle. | 25 |
| (e) It shall be presumed that a dealer has had a reasonable | 26 |
| opportunity to correct a malfunction or defect in a used motor |
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| vehicle, if: | 2 |
| (1) the same malfunction or defect has been subject to | 3 |
| repair 3 or more times by the selling or leasing dealer or | 4 |
| his or her agent within the warranty period, but the | 5 |
| malfunction or defect continues to exist; or | 6 |
| (2) the vehicle is out of service by reason of repair | 7 |
| or malfunction or defect for a cumulative total of 15 or | 8 |
| more days during the warranty period. The period shall not | 9 |
| include days when the dealer is unable to complete the | 10 |
| repair because of the unavailability of necessary repair | 11 |
| parts. The dealer shall be required to exercise due | 12 |
| diligence in attempting to obtain necessary repair parts. | 13 |
| Provided, however, that if a vehicle has been out of | 14 |
| service for a cumulative total of 45 days, even if a | 15 |
| portion of that time is attributable to the unavailability | 16 |
| of replacement parts, the consumer shall be entitled to the | 17 |
| replacement or refund remedies provided in this Act. | 18 |
| (e) The term of any warranty, service contract, or repair | 19 |
| insurance shall be extended by any time period during which the | 20 |
| used motor vehicle is in the possession of the dealer or his or | 21 |
| her duly authorized agent for the purpose of repairing the used | 22 |
| motor vehicle under the terms and obligations of the warranty, | 23 |
| service contract, or repair insurance. | 24 |
| (f) The term of any warranty, service contract, or repair | 25 |
| insurance, and the 15-day out-of-service period, shall be | 26 |
| extended by any time during which repair services are not |
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| available to the consumer because of a war, invasion or strike, | 2 |
| fire, flood, or other natural disaster. | 3 |
| Section 20. Waiver void. | 4 |
| (a) Except as provided for in subsection (c) of this | 5 |
| Section, any agreement entered into by a consumer for the | 6 |
| purchase or lease of a used motor vehicle that waives, limits, | 7 |
| or disclaims the rights set forth in this Act shall be void as | 8 |
| contrary to public policy. Further, if a dealer fails to give | 9 |
| the written warranty required by this Act, the dealer | 10 |
| nevertheless shall be deemed to have given the warranty as a | 11 |
| matter of law. | 12 |
| (b) Nothing in this Act shall in any way limit the rights | 13 |
| or remedies that are otherwise available to a consumer under | 14 |
| any other law. | 15 |
| (c) Notwithstanding subsection (a) of this Section, this | 16 |
| Act shall not apply (i) to a used motor vehicle sold for, or in | 17 |
| the case of a lease where the value of the used motor vehicle | 18 |
| as agreed to by the consumer and the dealer is, less than | 19 |
| $1,500, (ii) to a used motor vehicles with over 100,000 miles | 20 |
| at the time of sale or lease if the mileage is indicated in | 21 |
| writing at the time of sale or lease, or (iii) to a used motor | 22 |
| vehicle that the consumer purchases "as is", provided that the | 23 |
| consumer is informed of his or her rights under this Act and | 24 |
| waives those rights in writing. Further, this Act shall not | 25 |
| apply to the sale or lease of antique motor vehicles as defined |
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| in Section 1-102.1 of the Illinois Vehicle Code. | 2 |
| Section 25. Time of delivery; location of warranty; notice. | 3 |
| The written warranty provided for in Section 10 and the written | 4 |
| notice provided for in Section 15 shall be delivered to the | 5 |
| consumer at or before the time the consumer signs the sales or | 6 |
| lease contract for the used motor vehicle. The warranty and | 7 |
| notice may be set forth on one sheet or on separate sheets. The | 8 |
| warranty and notice may be separate from, attached to, or a | 9 |
| part of the sales or lease contract. If the warranty and notice | 10 |
| are part of the sales or lease contract, they shall be | 11 |
| separated from the other contract provisions and each headed by | 12 |
| a conspicuous title. | 13 |
| Section 30. Arbitration and enforcement. | 14 |
| (a) If a dealer has established or participates in an | 15 |
| informal dispute settlement procedure that complies in all | 16 |
| respects with the provisions of Title 16, Code of Federal | 17 |
| Regulation, Part 713, the provisions of this Act concerning | 18 |
| refunds or replacement shall not apply to any consumer who has | 19 |
| not first resorted to that procedure. Dealers utilizing | 20 |
| informal dispute settlement procedures pursuant to this | 21 |
| Section shall insure that arbitrators participating in the | 22 |
| informal dispute settlement procedures are familiar with the | 23 |
| provisions of this Act and shall provide to arbitrators and | 24 |
| consumers who seek arbitration a copy of the provisions of this |
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| Act together with the following notice in conspicuous 10-point | 2 |
| bold face type: | 3 |
| "USED CAR LEMON LAW BILL OF RIGHTS | 4 |
| 1. If you purchase a used car for more than $1,500 or | 5 |
| lease a used car where you and the dealer have agreed that | 6 |
| the car's value is more than $1,500 from anyone selling or | 7 |
| leasing 3 or more used cars a year, you must be given a | 8 |
| written warranty. | 9 |
| 2. If your used car has less than 36,001 miles, a | 10 |
| warranty must be provided for at least 90 days or 4,000 | 11 |
| miles, whichever comes first. | 12 |
| 3. If your used car has more than 36,000 miles but less | 13 |
| than 80,000 miles, a warranty must be provided for at least | 14 |
| 60 days or 3,000 miles, whichever comes first. | 15 |
| 4. If your used car has 80,000 miles or more but no | 16 |
| more than 100,000 miles, a warranty must be provided for at | 17 |
| least 30 days or 1,000 miles, whichever comes first. | 18 |
| 5. Cars with over 100,000 miles are not covered. | 19 |
| 6. If your engine, transmission, drive axle, brakes, | 20 |
| radiator, steering, alternator, generator, starter, or | 21 |
| ignition system (excluding the battery) are defective, the | 22 |
| dealer or his or her agent must repair or, if he or she so | 23 |
| chooses, reimburse you for the reasonable cost of repair. | 24 |
| 7. If the same problem cannot be repaired after 3 or | 25 |
| more attempts, you are entitled to return the car and to |
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| receive a refund of your purchase price or of all payments | 2 |
| made under your lease contract, including sales tax and | 3 |
| fees, minus a reasonable allowance for any damage not | 4 |
| attributable to normal usage or wear, and, in the case of a | 5 |
| lease contract, a cancellation of all further payments you | 6 |
| are otherwise required to make under the lease contract. | 7 |
| 8. If your car is out of service to repair a problem | 8 |
| for a total of 15 days or more during the warranty period | 9 |
| you are entitled to return the car and receive a refund of | 10 |
| your purchase price or of all payments made under your | 11 |
| lease contract, including sales tax and fees, minus a | 12 |
| reasonable allowance for any damage not attributable to | 13 |
| normal usage or wear, and, in the case of a lease contract, | 14 |
| a cancellation of all further payments you are otherwise | 15 |
| required to make under the lease contract. | 16 |
| 9. A dealer may put into the written warranty certain | 17 |
| provisions that will prohibit your recovery under certain | 18 |
| conditions; however, the dealer may not cause you to waive | 19 |
| any rights under the Used Vehicle Buyer Protection Act. | 20 |
| 10. A dealer may refuse to refund your purchase price, | 21 |
| or the payments made under your lease contract, if the | 22 |
| problem does not substantially impair the value of your car | 23 |
| or if the problem is caused by abuse, neglect, or | 24 |
| unreasonable modification. | 25 |
| 11. If a dealer has established an arbitration | 26 |
| procedure, the dealer may refuse to refund your purchase |
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| price until you first resort to the procedure. If the | 2 |
| dealer does not have an arbitration procedure, you may | 3 |
| resort to any remedy provided by law and may be entitled to | 4 |
| your attorney's fees if you prevail. | 5 |
| 12. As an alternative to the arbitration procedure made | 6 |
| available through the dealer, you may instead choose to | 7 |
| submit your claim to an independent arbitrator, approved by | 8 |
| the Attorney General. You may have to pay a fee for such an | 9 |
| arbitration. Contact the Attorney General's office to find | 10 |
| out how to arrange for independent arbitration. | 11 |
| 13. If any dealer refuses to honor your rights or you | 12 |
| are not satisfied by the informal dispute settlement | 13 |
| procedure, complain to the Illinois Attorney General." | 14 |
| (b) A dealer shall have up to 30 days from the date of | 15 |
| notice by the consumer that the arbitrator's decision has been | 16 |
| accepted to comply with the terms of the decision. Provided, | 17 |
| however, that nothing contained in this Section shall impose | 18 |
| any liability on a dealer where a delay beyond the 30-day | 19 |
| period is attributable to a consumer who has requested a | 20 |
| particular replacement vehicle or otherwise made compliance | 21 |
| impossible within the period. | 22 |
| (c) Upon the payment of a prescribed filing fee, a consumer | 23 |
| shall have the option of submitting any dispute arising under | 24 |
| this Act to an alternate arbitration mechanism established | 25 |
| pursuant to the rules promulgated by the Attorney General. Upon |
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| application of the consumer and payment of the filing fee, the | 2 |
| dealer shall submit to the alternate arbitration. | 3 |
| The alternate arbitration shall be conducted by a | 4 |
| professional arbitrator or arbitration firm appointed by and | 5 |
| under rules promulgated by the Attorney General. The rules for | 6 |
| appointment shall ensure the personal objectivity of its | 7 |
| arbitrators and the right of each party to present its case, to | 8 |
| be in attendance during any presentation made by the other | 9 |
| party, and to rebut or refute the presentation. In all other | 10 |
| respects, the alternate arbitration shall be governed by the | 11 |
| Uniform Arbitration Act. | 12 |
| (d) The notice required by subsection (a) of this Section, | 13 |
| entitled "Used Car Lemon Law Bill of Rights", shall be provided | 14 |
| to arbitrators and consumers who seek arbitration under this | 15 |
| Section. | 16 |
| (e) A dealer shall have 30 days from the date of mailing of | 17 |
| a copy of the arbitrator's decision to the dealer to comply | 18 |
| with the terms of the decision. Failure to comply within the | 19 |
| 30-day period shall entitle the consumer to recover, in | 20 |
| addition to any other recovery to which he or she may be | 21 |
| entitled, a civil penalty of $25 for each business day beyond | 22 |
| 30 days up to $500; provided that nothing in this Section shall | 23 |
| impose any liability on a dealer where a delay beyond the | 24 |
| 30-day period is attributable to a consumer who has requested a | 25 |
| particular replacement vehicle or otherwise made compliance | 26 |
| impossible within the period. |
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| (f) The Secretary of State or any person designated by him | 2 |
| or her may deny the application of any person for licensing | 3 |
| under Section 5-102 of the Illinois Vehicle Code or suspend, | 4 |
| revoke, or refuse to renew the license of a used vehicle dealer | 5 |
| under that Section, if the Secretary of State or his or her | 6 |
| designee determines that the applicant or licensee or any | 7 |
| officer, director, stockholder, or partner, or any other person | 8 |
| directly or indirectly interested in the business has | 9 |
| deliberately failed to pay an arbitration award, which has not | 10 |
| been stayed or appealed, rendered in an arbitration proceeding | 11 |
| pursuant to this Section for 60 days after the date of mailing | 12 |
| of a copy of the award to the licensee. | 13 |
| (g) In no event shall a consumer who has resorted to an | 14 |
| informal dispute settlement procedure be precluded from | 15 |
| seeking the rights or remedies available by law. | 16 |
| Section 35. Notice of consumer rights. At the time of | 17 |
| purchase or lease of a used motor vehicle from a dealer in this | 18 |
| State, the dealer shall provide to the consumer a notice, | 19 |
| printed in not less than 8-point bold face type, entitled "Used | 20 |
| Car Lemon Law Bill of Rights". The text of the notice shall be | 21 |
| identical with the notice required by subsection (a) of Section | 22 |
| 30 of this Act. | 23 |
| Section 40. Attorney's fees. In an action brought to | 24 |
| enforce the provisions of this Act, the court may award |
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| reasonable attorney's fees to a prevailing plaintiff or to a | 2 |
| consumer who prevails in any judicial action or proceeding | 3 |
| arising out of an arbitration proceeding. In the event a | 4 |
| prevailing plaintiff is required to retain the services of an | 5 |
| attorney to enforce collection of an award granted pursuant to | 6 |
| this Act, the court may assess against the dealer reasonable | 7 |
| attorney's fees for services rendered to enforce collection of | 8 |
| the award. | 9 |
| Section 45. Statute of limitations. Any action brought | 10 |
| pursuant to this Act shall be commenced within 4 years of the | 11 |
| date of original delivery of the used motor vehicle to the | 12 |
| consumer.
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