Is it illegal in Illinois to Sell a Used Car Knowing it has a Defective Engine?

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.

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