If you live and operate a small business in Illinois, it’s likely that your day to day operations depend on your vehicle. For hemp farmers, distributors, or enthusiasts who frequently rely on a vehicle for travel, the protection of the Illinois Lemon Law for used cars is crucial. It’s also an important protection for those of you with disabled family members too. But we will focus on the issues faced by those of you who own a small business and how you can take advantage of the consumer protections that are available to your type of business. What is a lemon law? A lemon law is a specific consumer protection aimed at protecting consumers who are victims of vehicle defects or persistent repair issues. All states have some form of lemon law to protect consumers against expensive repairs and defects. Like all general lemon laws, the Illinois Lemon Law for used cars is aimed at protecting consumers but its application is arguably weaker than other states where the protection is a little broader.
A lemon is defined by this state as a passenger vehicle that has been purchased or leased in or after 2003. A used car can qualify as a lemon if:
Because of the nature of most used car dealerships, used cars are often sold as is. This means that they have not undergone some of the more robust inspections needed to catch defects or other issues that an automobile may have. However, the law still requires that used car dealerships deliver a car that is road safe. Though, not necessarily safe for the environment.
This same protection does not exist in every state but in Illinois, these protections extend to more than just the automobile itself. For farmers who use heavy duty farm equipment, they may also find some vehicle protections in looking at used tractors or trucks.
Tractors are generally a heavy duty vehicle used to tow trailers or carry heavy loads across agricultural land. Since these vehicles are susceptible to rust, over usage, and heavy wear and tear, they are often sold as is and don’t necessarily undergo the same quality assurance process that would occur for a used car. If a tractor breaks down due to a latent defect that should have been caught, the consumer may be able to seek a remedy under the Illinois Lemon Law for used cars. The same protections would apply for farm trucks as well.
With a more specific Illinois lemon law for used cars connected to farm vehicles, the hemp industry isn’t as well protected. Currently, hemp farmers are still required to adhere to older laws that were designed without the hemp industry in mind. For example, the Green Acres law provides some remedy for hemp farmers but it forces them through an administrative process that can be very time consuming.
If you have a defective vehicle that qualifies as a used car lemon under the law, you may be eligible for some form of recovery under the law. If your vehicle qualifies, you will be entitled to a refund of the purchase price of the vehicle and an allowance for the trade in value. You may also be able to recover attorney’s fees to cover the cost of pursuing legal action to recover your damages under the law.
Vehicle care is just as important as maintaining the hardware and software that keep your small business afloat in the hemp industry. Therefore, it’s in your best interest to know and understand the laws that are out there to help protect you when things go wrong.
For more information on consumer protection laws, you can visit Consumer Financial Protection Bureau.
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