Relief upon proper cancellation
810 ILCS 5/2-711 entitles the buyer to the return of all money paid toward the purchase price.
810 ILCS 5/2-715 specifies incidental and consequential damages, including expenses reasonably incurred in inspection, receipt, transportation, and care/custody of the car and any other reasonable expense incident to any delay or breach. Consequential damages include certain losses resulting from the particular needs of the buyer as well as injuries to the person or property proximately resulting from any breach of warranty.
The canceling buyer may also recover any extra cost incurred by buying substitute goods. This remedy is called "cover" and is expressly authorized by 810 ILCS 5/2-712. The buyer is not penalized for failing to cover and may recover damages for the increased cost of the car under 810 ILCS 5/2-713.
If the seller refuses to return any payments made by the buyer, the buyer has a security interest in the goods to cover such fees and may sell the goods and keep the proceeds necessary to reimburse him. 810 ILCS 5/2-711(3).
The seller's refusal to discharge its UCC duties of recognizing the buyer's rightful rejection or revocation may also be actionable under the Consumer Fraud Act.
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