Bill Text: IL HB4680 | 2011-2012 | 97th General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB4680 Detail]
Download: Illinois-2011-HB4680-Introduced.html
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1 | AN ACT concerning business.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Consumer Fraud and Deceptive Business | |||||||||||||||||||
5 | Practices Act is amended by changing Section 2L as follows:
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6 | (815 ILCS 505/2L) (from Ch. 121 1/2, par. 262L)
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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.
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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:
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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%;
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3 | (3) in the case of a motor vehicle which is 3 or more, but | ||||||
4 | less than
4 years old, 10%; and
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5 | (4) in the case of a motor vehicle which is 4 or more years | ||||||
6 | old,
none.
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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:
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17 | "THIS VEHICLE IS SOLD AS IS WITH NO WARRANTY
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18 | AS TO MECHANICAL CONDITION"
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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.
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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.
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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.
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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).
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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
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21 | prior to the appearance of the advertisement.
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22 | Any person who violates this Section commits an unlawful | ||||||
23 | practice
within the meaning of this Act.
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24 | (Source: P.A. 86-351; 87-1140.)
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