Illinois Lemon Law Claims - The Magnuson-Moss Warranty Act

In case your Illinois lemon law claim is not honored by the state lemon law, you may seek the same protection under a federal law, the Magnuson Moss Warranty Act. The Magnuson Moss Warranty Act was created by Congress to provide protection to consumers when a manufacturer, dealer or service provider fails to honor the terms of a warranty. The Magnuson-Moss Act is a Federal Trade Commission Act that is intended to increase the enforceability of warranties and protect consumers. The Magnuson-Moss Warranty Act was designed to protect consumers from deceptive warranty practices. The Magnuson-Moss Warranty Act extends the Illinois new and lemon used car consumers' protection and resolves warranty complaints.

Implied Warranty of Fitness of an Illinois new or used car's specific use it is put to

There is an implied warranty if an Illinois new or used car:

• Seller is aware of the specific use an Illinois new or used car is put to, during its sale

• Buyer has relied on the Illinois new or used car seller's skill or judgment to select it 

Whether or not an Illinois new or used car is sold for a 'specific purpose/use' is based on the Illinois new or used car buyer's ability to put it to a specific use as required by his business, distinct from ordinary or general use.

Exclusion or modification of Illinois new or used car Warranties

• If a word or conduct that tends to void or limit an express warranty for an Illinois new or used car is not in consistence with the words or conduct of an express warranty, it becomes inoperative

• All implied warranties for the Illinois used cars are excluded by expressions like "as is," or "with all faults"

• An "as is" warranty disclaimer for an Illinois used car does not shield the seller from non-UCC fraud claims

• No implied warranty applies to those defects which the Illinois new or used car buyer has examined thoroughly or has refused to examine

• An implied warranty for an Illinois new or used car can also be excluded or modified by the way it is dealt with or put to use

In the absence of any of the last three conditions mentioned above:

• The warranty of Merchantability can only be excluded or modified if the language mentions merchantability or is conspicuously written

• Fitness can only be excluded or modified if it is conspicuously written

• The language need not mention fitness

• It is sufficient to state if there are no warranties which extend beyond the description

The provisions as given in the Magnuson-Moss Warranty Act for enforcement of rights and remedies are read by the Illinois lemon law attorneys in conjunction with those rights, remedies and defenses given in the Uniform Commercial Code. An Illinois lemon law attorney also takes into consideration, lemon laws and other state laws used to create special rights and remedies for the Illinois new and lemon used car consumers. The Magnuson Moss Warranty Act even applies if the defect Illinois lemon used car is eventually repaired but took a very long time to do so.