Used Car Fraud in Illinois: Did Your Car Break Down Immediately After the Purchase?
Updated: Dec 11, 2019
Did you purchase a used car in Illinois, and later discover the car was not what you thought it was? Did the car broke down immediately after the purchase? Did the dealer refuse to accommodate because the used car was sold “as is”? You are not alone, and you very well may be entitled to a remedy.
Far too often, Illinois consumers are victims of fraud and/or deceptive business practices when buying used vehicles. There are several types of fraud that Illinois consumers may experience when purchasing a used vehicle, whether the dealer misrepresents the accident history, or intentionally alters the odometer. Many times, used car dealers in Illinois attempt to protect themselves by designating that these vehicles are being sold “as is” in hopes that they can simply reference the “as is” provision in the contract, and the consumer will have no choice but to take the loss. However, what these used car dealers do not want you to know is that you may still be entitled to extra protections pursuant to various Illinois statutes.
One of those statues that can possibly afford you protection in such an instance is (815 ILCS 505) Consumer Fraud and Deceptive Business Practices Act (the “Consumer Fraud Act”). Specifically, Section 2L of the Illinois Consumer Fraud Act in relevant parts states that dealers of used cars in Illinois “may not exclude, modify, or disclaim the implied warranty of merchantability” on certain vehicles with less than 150,000 miles at the time of sale. Furthermore, Section 2L of the Illinois Consumer Fraud Act states the “implied warranty of merchantability expires at midnight of the 15th calendar day after delivery of a used motor vehicle or when a used vehicle is driven 500 miles after delivery, whichever is earlier.” (815 ILCS 505/2L). If a person violates Section 2L of the Illinois Consumer Fraud Act, he or she commits an unlawful practice within the meaning on the Act, which means the consumer may be entitled to reimbursement of reasonable attorney’s fees, costs, and potentially punitive damages if the conduct was willful or intentional and done with evil motive or reckless indifference to the rights of others. (815 ILCS 505/10a).
To conclude, if a used car broke down immediately after it was purchased, contact the law firm of Ball & McCann, P.C. for a free consultation. There are very strict time and notice requirements for recovery under the Illinois Consumer Fraud Act, so it is well advised to act quickly. After a thorough review of the facts surrounding the used car purchase, the skilled attorneys at Ball & McCann, P.C. will use years of experience fighting with used car dealers to ensure you obtain the recovery you deserve.