If the car was sold "as is" without warranty then it is unlikely there is any recourse for the issues you encountered after you purchased the used vehicle. Unless the contract that you signed when you bought the car had a clause stating that the contract could be rescinded for reasons such as the mechanical issues you had, likely you will be stuck with the car that you bough and the cost of the repairs to correct the issues.
The Illinois Attorney General's office states that IL does have a lemon law to help consumers who have purchased a vehicle that is spending more time in the repair shop then on the roadways. However not all cars purchased are covered by this state statute.
The Lemon Law DOES Cover:
- New Cars (purchased or leased)
- Light Trucks and vans under 8,000 pounds
- Recreational vehicles (excluding trailers)
- Vehicles in their first 12 months or 12,000 miles, whichever occurs first
- Vehicles purchased in Illinois
The Lemon Law DOES NOT Cover:
- Used Cars
- Altered or modified vehicles
- Motorcycles and boats
The Lemon Law works because manufacturers have established an Industry Third Party Dispute Resolution Program to evaluate your claim. To initiate action under the Lemon Law, contact the designated manufacturer representative for your vehicle. This representative will forward the required information and forms to you.
In order to be covered by the Illinois Lemon Law, a vehicle must:
- have a nonconformity that both substantially impairs the use , market value or safety of the vehicle and is not repairable by the dealer or manufacturer in at least four attempts for the same repair, or
- be out of service for a total of 30 or more business days.
Due to the fact that the lemon law and other consumer laws do not safeguard a buyer of an "as is" pre-owned vehicle it is recommended that you get any used vehicle inspected by a mechanic before purchasing it.
The IL consumer protection department suggests that once a consumer finds a vehicle they are thinking about buying, a used car vehicle inspection should be conducted by an independent mechanic before a final purchase decision is made. An inspection is necessary even if the car has been “certified,” has been “inspected” by the dealer, or is being sold with a warranty or service contract. Unlike a safety inspection, a mechanical inspection is designed to determine the overall reliability or mechanical condition of a vehicle.
The Federal Trade Commission’s (FTC) Used Car Rule requires dealers to post a Buyers Guide in every used car offered for sale. However, a person who sells less than six cars a year does not have to post a Buyers Guide. When you buy a used car from a dealer, get the original Buyers Guide that was posted in the vehicle or a copy of that guide. The Buyers Guide must reflect any negotiated changes in warranty coverage and it becomes part of your sales contract and overrides any contrary provisions. The Buyers Guide must tell you whether the vehicle is being sold “as is” or with a warranty.
When a vehicle is sold “as is,” there is no warranty or service contract offered with the purchase. It is important to get all promises in writing when purchasing a vehicle “as is.” For instance, if the dealer promises to repair the vehicle or cancel the sale in an offer for a vehicle being sold “as is,” make sure the promise is written on the Buyers Guide. The Buyers Guide must also indicate what percentage, if any, of the repair costs is covered by the dealer under the warranty and the major mechanical and electrical systems on the car. Again, a vehicle sold “as is” will not be offered with a warranty or service contract.
So if you have a warranty that came with the car then you should speak to the dealership to see if the speedometer, hood, window issues, etc would be covered. If the car was purchased "as is" then there is no expressed warranty for the vehicle then you would be responsible for these repairs yourself.
The IL Attorney General states that dealers are not required by law to give used car buyers a three-day right to cancel. The right to return the car in a few days for a refund exists only if the dealer grants this privilege to buyers.
Dealers may describe the right to cancel as a “cooling-off” period, a money-back guarantee, or a “no questions asked” return policy. Before you purchase from a dealer, ask about the dealer’s return policy, get it in writing, and read it carefully. If you have questions about the policy of the dealership you purchased this car from read over your contract and perhaps seek legal counsel.
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