Chapter 815 — BUSINESS TRANSACTIONS

(815 ILCS 705/38) (from Ch. 121 1/2, par. 1738) Sec. 38. Copies to be furnished. On request and at such reasonable charges as he prescribes by rule, the Administrator shall furnish to any person photostatic or other copies, certified under his seal of office if requested, of any …

(815 ILCS 705/39) (from Ch. 121 1/2, par. 1739) Sec. 39. Destruction of records. (a) Period of retention. The Administrator may destroy any disclosure statements or orders, together with the files and folders, as useless or obsolete, 4 years after the date of receipt or issuance.…

(815 ILCS 705/4) (from Ch. 121 1/2, par. 1704) Sec. 4. Jurisdiction and venue. Any provision in a franchise agreement that designates jurisdiction or venue in a forum outside of this State is void, provided that a franchise agreement may provide for arbitration in a forum outside…

(815 ILCS 705/40) (from Ch. 121 1/2, par. 1740) Sec. 40. Fees. (a) The Administrator shall charge and collect the fees fixed by this Section, or as prescribed by rule of the Administrator. All fees and charges collected under this Section shall be transmitted to the State Treasur…

(815 ILCS 705/41) (from Ch. 121 1/2, par. 1741) Sec. 41. Waivers void. Any condition, stipulation, or provision purporting to bind any person acquiring any franchise to waive compliance with any provision of this Act or any other law of this State is void. This Section shall not …

(815 ILCS 705/42) (from Ch. 121 1/2, par. 1742) Sec. 42. Burden of proof. In any proceeding under this Act, the burden of proving an exemption or an exception from a definition is upon the person claiming it. (Source: P.A. 85-551.)

(815 ILCS 705/43) (from Ch. 121 1/2, par. 1743) Sec. 43. Construction. This Act shall be liberally construed to effect the purposes thereof. (Source: P.A. 85-551.)

(815 ILCS 705/44) (from Ch. 121 1/2, par. 1744) Sec. 44. This Act shall not be construed to repeal any right, claim, penalty, offense or punishment existing under The Franchise Disclosure Act prior to the date this Act takes effect. This Act shall apply only to actions undertaken…

(815 ILCS 705/5) (from Ch. 121 1/2, par. 1705) Sec. 5. Prohibited practices. (1) Sale of unregistered franchise unlawful. It is unlawful for any person to offer or sell any franchise required to be registered under this Act unless the franchise has been registered under this Act …

(815 ILCS 705/6) (from Ch. 121 1/2, par. 1706) Sec. 6. Fraudulent practices. In connection with the offer or sale of any franchise made in this State, it is unlawful for any person, directly or indirectly, to: (a) employ any device, scheme, or artifice to defraud; (b) make any un…

(815 ILCS 705/7) (from Ch. 121 1/2, par. 1707) Sec. 7. Sale by franchisee and extension or renewal of existing franchise. There shall be exempted from the provisions of Sections 5, 10, 11, 13 and 15 of this Act the offer or sale of a franchise by a franchisee for its own account …

(815 ILCS 705/8) (from Ch. 121 1/2, par. 1708) Sec. 8. Exemptions. (a) There shall be exempted, from the registration requirements of Section 10 of this Act, the offer and sale of a franchise if: (1) the franchisor has a net worth on a consolidated basis, according to its most re…

(815 ILCS 705/9) (from Ch. 121 1/2, par. 1709) Sec. 9. Exemptions from disclosure statement and registration requirements granted by Administrator. The Administrator may by rule or order provide that any information required by Section 16 of this Act to be included in the disclos…

(815 ILCS 710/1) (from Ch. 121 1/2, par. 751) Sec. 1. Short title. This Act may be cited as the Motor Vehicle Franchise Act. (Source: P.A. 86-1475.)

(815 ILCS 710/1.1) (from Ch. 121 1/2, par. 751.1) Sec. 1.1. Declaration of purpose. The Legislature finds and declares that the distribution and sale of vehicles within this State vitally affects the general economy of the State and the public interest, welfare, and safety and th…

(815 ILCS 710/10) (from Ch. 121 1/2, par. 760) Sec. 10. Free association. Every franchisee shall have the right of free association with other franchisees for any lawful purpose. (Source: P.A. 81-43.)

(815 ILCS 710/10.1) (from Ch. 121 1/2, par. 760.1) Sec. 10.1. (a) As used in this Section, "motorcycle" means every motor vehicle having a seat or saddle for the use of the rider and designed to travel with 3 or less wheels in contact with the ground, excluding farm, garden, and …

(815 ILCS 710/11) (from Ch. 121 1/2, par. 761) Sec. 11. Refunds; discounts. In connection with a sale of a motor vehicle or vehicles to the State or to any political subdivision thereof, no manufacturer, distributor or wholesaler shall offer any discounts, refunds or any other si…

(815 ILCS 710/12) (from Ch. 121 1/2, par. 762) Sec. 12. Arbitration; administrative proceedings; civil actions; determining good cause. (a) The franchiser and franchisee may agree to submit a dispute involving Section 4, 5, 6, 7, 9, 10.1, or 11 to arbitration. Any such proceeding…

(815 ILCS 710/13) (from Ch. 121 1/2, par. 763) Sec. 13. Damages; equitable relief. Any franchisee or motor vehicle dealer who suffers any loss of money or property, real or personal, as a result of the use or employment by a manufacturer, wholesaler, distributor, distributor bran…

(815 ILCS 710/14) (from Ch. 121 1/2, par. 764) Sec. 14. Limitations. Except as provided in Section 12, actions arising out of any provision of this Act shall be commenced within 4 years next after the cause of action accrues; provided, however, that if a person liable hereunder c…

(815 ILCS 710/16) Sec. 16. Motor Vehicle Review Board; Appointment. The Secretary of State shall, within 6 months of the effective date of this Act, establish a Motor Vehicle Review Board. The Motor Vehicle Review Board shall be composed of 7 members appointed by the Secretary of…

(815 ILCS 710/17) Sec. 17. Board; organization and meetings. The Board shall adopt regulations for the holding and conducting of hearings concerning all matters within its powers, shall keep a record of all meetings and transactions, and shall make other provisions for the conduc…

(815 ILCS 710/18) Sec. 18. Board; powers. The Board shall have the following powers: (a) To conduct hearings, by or through its duly authorized administrative hearing officer, on protests filed under Sections 4, 5, 6, 7, 9, 10.1, 11, and 12 of this Act. (b) To make reasonable reg…

(815 ILCS 710/19) Sec. 19. Relationship between Board and Office of Secretary of State. The Motor Vehicle Review Board shall be administered by the Secretary of State who is vested with powers, duties, and jurisdiction of administering the provisions of this Act. The Board shall …

(815 ILCS 710/2) (from Ch. 121 1/2, par. 752) Sec. 2. Definitions. As used in this Act, the following words shall, unless the context otherwise requires, have the following meanings: (a) "Motor vehicle", any motor driven vehicle required to be registered under "The Illinois Vehic…

(815 ILCS 710/20) Sec. 20. Organization of administration. The Secretary of State shall organize the work of the administration of the portion of this Act delegated to him or her in a manner as he or she may deem necessary to carry out the provisions of this Act. (Source: P.A. 89…

(815 ILCS 710/21) Sec. 21. Secretary of State to appoint subordinates. The Secretary of State shall appoint subordinate officers, clerks, investigators, and other employees necessary to carry out the provisions of this Act. All clerical, professional, and other agencies for the e…

(815 ILCS 710/22) Sec. 22. Powers and duties of Secretary of State. (a) The administration of this Act is vested in the Secretary of State who is charged with the duty of observing, administering, and enforcing the provisions of this Act. (b) The Secretary may from time to time m…

(815 ILCS 710/23) Sec. 23. Secretary of State to prescribe forms. The Secretary of State shall prescribe forms or provide suitable forms requisite or deemed necessary to carry out the provisions of this Act and any other laws pertaining to vehicles, the enforcement and administra…

(815 ILCS 710/24) Sec. 24. Authority to administer oaths. Officers and employees of the Secretary of State designated by him or her are, for the purpose of administering the Motor Vehicle Review Board and any laws relating to the use and operation of motor vehicles, authorized to…

(815 ILCS 710/25) Sec. 25. Authority to certify copies of records. The Secretary of State is authorized to prepare under the seal of the Secretary of State certified copies of any records of his or her office. Every certified copy shall be admissible in a proceeding in court in t…

(815 ILCS 710/26) Sec. 26. Records of Secretary of State. The Secretary of State may destroy any records of his or her office relating to the administration of any laws relating to Motor Vehicle Franchise Act matters if the records have been maintained on file for 4 years. The re…

(815 ILCS 710/27) Sec. 27. Enforcement. The Secretary of State may provide training and education for members of his or her office in the administration and enforcement matters under this Act. (Source: P.A. 89-145, eff. 7-14-95.)

(815 ILCS 710/28) Sec. 28. Injunction. Whenever it shall appear to the Secretary of State that a person is engaged or about to engage in acts or practices that constitute or will constitute a violation of the provisions of this Act, or of any rule or regulation prescribed under a…

(815 ILCS 710/29) Sec. 29. Procedures for hearing on protest. Upon receipt of a timely notice of protest filed with the Motor Vehicle Review Board under Section 4, 5, 6, 7, 9, 10.1, 11, or 12 of this Act, the Motor Vehicle Review Board shall enter an order fixing a date (within 6…

(815 ILCS 710/3) (from Ch. 121 1/2, par. 753) Sec. 3. Applicability of Act. Any person who engages directly or indirectly in purposeful contacts within this State in connection with the offering or advertising for sale or has business dealings with respect to a motor vehicle with…

(815 ILCS 710/3.1) Sec. 3.1. Motor vehicle financing affiliate. For purposes of this Act, a franchisee and a motor vehicle financing affiliate, as defined in Section 5-100 of the Illinois Vehicle Code, shall be treated as a single entity. That a franchisee arranges to receive mot…

(815 ILCS 710/30) Sec. 30. Form; contents; service of Board's decision after hearing. The decision of the Motor Vehicle Review Board on any matter heard under Section 29 of this Act shall be in writing and shall contain findings of fact and a determination of the issues presented…

(815 ILCS 710/31) Sec. 31. Review under Administrative Review Law; appeal as in civil cases. Any person affected by a final administrative decision of the Board may seek judicial review of the decision in the Circuit Court of Sangamon County or in the Circuit Court of Cook County…

(815 ILCS 710/32) Sec. 32. Severability. If any provision of this Act or the application of any provision of this Act to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the inv…

(815 ILCS 710/4) (from Ch. 121 1/2, par. 754) Sec. 4. Unfair competition and practices. (a) The unfair methods of competition and unfair and deceptive acts or practices listed in this Section are hereby declared to be unlawful. In construing the provisions of this Section, the co…

(815 ILCS 710/5) (from Ch. 121 1/2, par. 755) Sec. 5. Delivery and preparation obligations; damage disclosures. Every manufacturer shall specify in writing to the dealer the delivery and preparation obligations of its motor vehicle dealers prior to delivery of new motor vehicles …

(815 ILCS 710/6) (from Ch. 121 1/2, par. 756) Sec. 6. Warranty agreements; claims; approval; payment; written disapproval. (a) Every manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division shall properly f…

(815 ILCS 710/7) (from Ch. 121 1/2, par. 757) Sec. 7. Unreasonable dealer or franchise restrictions. It shall be unlawful directly or indirectly to impose unreasonable restrictions on the motor vehicle dealer or franchisee relative to transfer, sale, right to renew, termination, …

(815 ILCS 710/8) (from Ch. 121 1/2, par. 758) Sec. 8. Agreements applicable. The provisions of this Act shall apply to all written or oral agreements between a manufacturer, wholesaler or distributor with a motor vehicle dealer including, but not limited to, the franchise offerin…

(815 ILCS 710/9) (from Ch. 121 1/2, par. 759) Sec. 9. Renewals; transfers. (a) Anything to the contrary notwithstanding, it shall be unlawful for the manufacturer, wholesaler, distributor or franchiser without good cause, to fail to renew a franchise on terms then equally availab…

(815 ILCS 710/9.5) Sec. 9.5. Termination with good cause. (a) Anything to the contrary notwithstanding, if a manufacturer, wholesaler, distributor, or franchiser, with good cause, (i) fails to renew a franchise on terms then equally available to all of its motor vehicle dealers, …

(815 ILCS 715/1) (from Ch. 5, par. 1501) Sec. 1. This Act may be cited as the Illinois Equipment Fair Dealership Law. (Source: P.A. 86-259.)

(815 ILCS 715/10) (from Ch. 5, par. 1510) Sec. 10. The effect of this Act may not be varied by contract or agreement and any attempt to do so is void and unenforceable to that extent only. (Source: P.A. 83-410.)