What is a warranty?
Big-ticket items, such as cars and appliances, typically come with a full or limited written warranty, covering a reasonable number of repairs or defects. A full warranty enables the buyer to obtain a full refund or replacement without charge; a limited warranty does not. Warranties can apply to new and used items.
All 50 states also have so-called "lemon laws" that protect consumers who purchase cars, SUVs and mini-vans. In Illinois, the New Vehicle Buyer Protection Act allows consumers to cancel the purchase of a vehicle if it is defective and was bought from a car dealer. If a defect "substantially impairs" the value of the vehicle, the dealer has a reasonable number of chances to fix the problem, after which the buyer can notify the dealer that he or she is canceling the purchase. The vehicle must be returned to the dealer in relatively good condition.
But all states also have "implied" laws, meaning that virtually every purchase made is covered, even without a written warranty. The most common type of implied warranty, a "warranty of merchantability," means that the product must perform for a specific purpose. For example, a microwave oven will cook food.
Another type of implied warranty is a "warranty of fitness for a particular purpose." If a seller indicates that a product or service will provide certain results, he or she must stand by those results. In Illinois, implied warranty coverage lasts for four years.
To prevent problems related to warranties, consumers should read the warranty thoroughly before they purchase a product, save the receipt and warranty, and perform maintenance as required on the item.
If a problem arises, it's best to resolve the issue directly with the seller. Should that fail to produce a satisfactory result, the buyer can contact the Better Business Bureau, the Consumer Fraud Bureau of the Illinois Attorney General's Office, or hire an attorney and file a lawsuit against the seller.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.
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If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.