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91_HB2807
LRB9105386WHdv
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 (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.)