Legal Question in Consumer Law in Illinois

Length of time a retail store is liable

I would like to know how long a consumer has to file a claim against a retail store. If a consumer made a purchase ten years ago, and now finds out that the item is questionable as to how it was represented, can the consumer file a claim against the store? Is there a time limit?


Asked on 4/28/03, 8:45 am

1 Answer from Attorneys

Kenneth J. Ashman Ashman Law Offices, LLC

Re: Length of time a retail store is liable

It depends upon the nature of the claim. If it is based upon the breach of a written contract, you have 10 years from the date of the breach to file suit. If it is based upon the breach of an oral contract, you have five years from the date of the breach to file suit. If it is based upon some fraudulent misrepresentation, you have five years from the date of the fraud; however, under certain circumstances there may be some "tolling" of this statute of limitations, thereby extending it -- this is a rather fact-specific inquiry, however.

Hope that helps giving you general guidelines.

-- Kenneth J. Ashman; www.AshmanLawOffices.com

The information provided by Ashman Law Offices, LLC (�ALO�) is for general educational purposes only. No attorney-client relationship is established by this communication and no privilege attaches to such communication. ALO is not taking and will not take any action on your behalf and will not be considered your attorney until both you and ALO have signed a written retention agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain ALO on terms acceptable to ALO, you should immediately seek the services of another attorney.

Read more
Answered on 4/28/03, 1:08 pm


Related Questions & Answers

More Consumer Law questions and answers in Illinois