State of Illinois
91st General Assembly

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 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:
 4                     AS TO MECHANICAL CONDITION"
 5        (c)  As  used  in  this Section, "Power Train components"
 6    means the engine block, head, all internal engine parts,  oil
 7    pan  and  gaskets, water pump, intake manifold, transmission,
 8    and all internal transmission parts, torque converter,  drive
 9    shaft, universal joints, rear axle and all rear axle internal
10    parts, and rear wheel bearings.
11        (d)  The repair liability means that the dealer will make
12    necessary  Power  Train  component repairs in his shop, or in
13    the shop of his  service  affiliate,  on  the  basis  of  his
14    regular list price charge for parts and labor, where the flat
15    rate  list  price does not exceed 50% of the selling price of
16    the vehicle at the time repairs are requested.
17        (e)  The age of the vehicle shall be  measured  according
18    to  the manufacturer's model year designation as shown on the
19    Certificate of Title or  Registration  Certificate.  Vehicles
20    shall  be  designated as current year models, one year old, 2
21    year old, and so forth according to the time that has elapsed
22    since January 1 of the appropriate model year so designated.
23        (f)  This Section does not preclude  the  issuance  of  a
24    warranty  or guarantee by a motor vehicle dealer or motor car
25    manufacturer that meets or exceeds the  basic  provisions  of
26    paragraph (a).
27        (g)  After  the  effective date of this amendatory Act of
28    1989, executives' and  officials'  cars  when  so  advertised
29    shall  have been used exclusively by executives of the parent
30    motor car manufacturer's personnel or by an executive  of  an
31    authorized  dealer  in  the same make of car.  These cars, so
32    advertised, shall not have been  sold  to  a  member  of  the
33    public prior to the appearance of the advertisement.
34        Any  person who violates this Section commits an unlawful
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 1    practice within the meaning of this Act.
 2    (Source: P.A. 86-351; 87-1140.)

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