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Illinois Statutes Chapter 625. Vehicles § 5/5-104.2. Nonconforming vehicles; sale

Current as of January 01, 2025 | Updated by Findlaw Staff

§ 5-104.2. Nonconforming vehicles; sale.

(a) Every manufacturer shall be prohibited from reselling any motor vehicle that has been finally ordered, determined, or adjudicated as having a nonconformity under the New Vehicle Buyer Protection Act  1 or a similar law of any state, territory, or country, and that the manufacturer repurchased or replaced because of the nonconformity, unless the manufacturer has corrected the nonconformity and issues a disclosure statement prior to resale stating that the vehicle was repurchased or replaced under the New Vehicle Buyer Protection Act or similar law of any other state, territory, or country; identifying the nonconformity; and warranting that the nonconformity has been corrected. The disclosure statement must accompany the vehicle through the first retail purchase.

(b) “Nonconformity” refers to a new vehicle's failure to conform to all express warranties applicable to the vehicle, which failure substantially impairs the use, market value, or safety of the vehicle.

(c) The disclosure statement referred to in subsection (a) shall be in substantially the same form as below:

“IMPORTANT

Vehicle Identification Number (VIN): (Insert VIN Number); Year: (Insert Year); Make (Insert Make); Model: (Insert Model). This vehicle was previously sold as new. It was subsequently ordered as having a nonconformity by final decision of court proceeding or State run arbitration. It was subsequently repurchased by its manufacturer because it did not conform to the manufacturer's express warranty and the nonconformity was not cured within a reasonable time as provided by Illinois law. The following nonconformities have been corrected (a minimum of 5 numbered lines shall be provided to describe the nonconformity or nonconformities).”

The customer shall sign the disclosure statement. This disclosure language shall be in at least 8-point type.

1 815 ILCS 380/1 et seq.
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Cite this article: FindLaw.com - Illinois Statutes Chapter 625. Vehicles § 5/5-104.2. Nonconforming vehicles; sale - last updated January 01, 2025 | https://codes.findlaw.com/il/chapter-625-vehicles/il-st-sect-625-5-5-104-2/

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