Is it illegal in Illinois to Sell a Used Car Knowing it has a Defective Engine? — Chicago Business Litigation Lawyer Blog — May 28, 2024

Posted by admin August 18, 2024


Selling a used car knowing it has a defective engine is illegal in Illinois.

According to the Illinois Consumer Fraud and Deceptive Business Practices Act (Consumer Fraud Act), it is unlawful to use deception, fraud, false pretense, false promise, misrepresentation or the concealment, suppression or omission of any material fact with the intent that others rely upon such concealment, suppression or omission (815 ILCS 505/2) Therefore, if a person sells a used car knowing it has a defective engine and does not disclose this information to the buyer, it would be considered a violation of the Act.

The case of Lipinski v. Martin J. Kelly Oldsmobile, Inc. is especially relevant (White v. DaimlerChrysler Corp., 368 Ill.App.3d 278 (2006)). Here, a used-car purchaser alleged that the dealership knew his model of car had a defect that it tended to consume oil, that the dealership failed to inform him of the defect, and that he would not have purchased the car if he knew of the defect. The plaintiff stated all the necessary elements to sustain his claim under the Consumer Fraud Act(White v. DaimlerChrysler Corp., 368 Ill.App.3d 278 (2006)) (Lipinski v. Martin J. Kelly Oldsmobile, Inc., 325 Ill.App.3d 1139 (2001)), (Connick v. Suzuki Motor Co., Ltd., 174 Ill.2d 482 (1996)).

In the case of Hanson-Suminski v. Rohrman Midwest Motors, Inc., the court found that a dealership violated the Consumer Fraud Act by misrepresenting the car’s history and thereby inducing the plaintiff to purchase the car (Hanson-Suminski v. Rohrman Midwest Motors, Inc., 386 Ill.App.3d 585 (2008)).

Several other cases also support the interpretation that misrepresenting or omitting material facts about a car’s condition at the time of sale is actionable under Illinois law.

In conclusion, selling a used car in Illinois with knowledge of a defective engine and not disclosing this to the buyer would be considered a violation of the Consumer Fraud Act.

Lubin Austermuehle is considered a top firm in the Chicago area for prosecuting used car fraud cases due to several key factors:

Extensive Experience

  1. Experience in Consumer Fraud: The firm has a strong focus on consumer fraud, particularly in the automotive sector. Their attorneys are well-versed in the complexities of used car fraud cases.
  2. Proven Success: They have a track record of successful outcomes in similar cases, demonstrating their ability to navigate the legal landscape effectively.

Strong Legal Expertise

  1. Skilled Attorneys: Lubin Austermuehle’s team comprises skilled attorneys with deep knowledge of state and federal laws pertaining to consumer protection and fraud.
  2. Aggressive Representation: They are known for their aggressive approach in representing clients, ensuring that all legal avenues are explored to secure the best possible outcome.

Comprehensive Legal Support

  1. Thorough Investigations: The firm conducts thorough investigations to gather all necessary evidence, including vehicle history, dealer practices, and compliance with disclosure requirements.
  2. Expert Witnesses: They have access to a network of expert witnesses who can provide testimony on vehicle condition, value, and industry standards.

Client-Centered Approach

  1. Personalized Attention: Each case is given personalized attention, with attorneys working closely with clients to understand their specific situations and needs.
  2. Clear Communication: The firm prioritizes clear and consistent communication, ensuring clients are kept informed about the progress and any developments in their case.

Reputation and Trust

  1. Strong Local Reputation: Lubin Austermuehle has built a solid reputation in the Chicago area for their integrity, ethical practices, and dedication to client success.
  2. Positive Client Reviews: Numerous positive client testimonials and reviews highlight their effectiveness and the satisfaction of those they have represented.

Financial Considerations

  1. Contingency Fee Options: We offer contingency fee arrangements, meaning clients do not have to pay upfront legal fees and only pay legal fees if they win or settle their case.
  2. Transparent Billing: The firm is committed to transparent billing practices, ensuring clients understand the costs involved and there are no surprises.

By choosing Lubin Austermuehle, clients benefit from the firm’s specialized knowledge, strategic approach, and commitment to achieving justice in used car fraud cases. For a free consultation, contact us online or at 630-333-0333.



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