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

    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

 

HB4680LRB097 18694 JLS 63928 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Consumer Fraud and Deceptive Business
5Practices 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
8January 1, 1968 to a consumer by a new motor vehicle dealer or
9used motor vehicle dealer within the meaning of Chapter 5 of
10the Illinois Vehicle Code is made subject to this Section.
11    (a) A dealer shall disclose to the purchaser all known
12defects with respect to a motor vehicle sold at a price of
13$1,000 or more. The dealer is liable to the purchasing consumer
14for the following share of the cost of the repair of Power
15Train components for a period of 30 days from date of delivery,
16unless the repairs have become necessary by abuse, negligence,
17or collision. The burden of establishing that a claim for
18repairs is not within this Section shall be on the selling
19dealer. With respect to a motor vehicle sold for a price of
20less than $3,000, the The dealer's share of such repair costs
21is:
22    (1) in the case of a motor vehicle which is not more than 2
23years old, 50%;

 

 

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1    (2) in the case of a motor vehicle which is 2 or more, but
2less than 3 years old, 25%;
3    (3) in the case of a motor vehicle which is 3 or more, but
4less than 4 years old, 10%; and
5    (4) in the case of a motor vehicle which is 4 or more years
6old, none.
7    The dealer shall be responsible for 100% of the cost of
8repair of Power Train components with respect to a motor
9vehicle sold for a price of $3,000 or more.
10    (b) Notwithstanding the foregoing, such a dealer and a
11purchasing consumer may negotiate a sale and purchase that is
12not subject to this Section if there is stamped on any purchase
13order, contract, agreement, or other instrument to be signed by
14the consumer as a part of that transaction, in at least
1510-point bold type immediately above the signature line, the
16following:
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
20the engine block, head, all internal engine parts, oil pan and
21gaskets, water pump, intake manifold, transmission, and all
22internal transmission parts, torque converter, drive shaft,
23universal joints, rear axle and all rear axle internal parts,
24and rear wheel bearings.
25    (d) The repair liability means that the dealer will make
26necessary Power Train component repairs in his shop, or in the

 

 

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1shop of his service affiliate, on the basis of his regular list
2price charge for parts and labor, where the flat rate list
3price does not exceed 50% of the selling price of the vehicle
4at the time repairs are requested.
5    (e) The age of the vehicle shall be measured according to
6the manufacturer's model year designation as shown on the
7Certificate of Title or Registration Certificate. Vehicles
8shall be designated as current year models, one year old, 2
9year old, and so forth according to the time that has elapsed
10since January 1 of the appropriate model year so designated.
11    (f) This Section does not preclude the issuance of a
12warranty or guarantee by a motor vehicle dealer or motor car
13manufacturer that meets or exceeds the basic provisions of
14paragraph (a).
15    (g) After the effective date of this amendatory Act of
161989, executives' and officials' cars when so advertised shall
17have been used exclusively by executives of the parent motor
18car manufacturer's personnel or by an executive of an
19authorized dealer in the same make of car. These cars, so
20advertised, shall not have been sold to a member of the public
21prior to the appearance of the advertisement.
22    Any person who violates this Section commits an unlawful
23practice within the meaning of this Act.
24(Source: P.A. 86-351; 87-1140.)