Illinois Lemon Law

Illinois's New Vehicle Buyer Protection Act (815 ILCS 380) covers individuals who purchase or lease a new vehicle for at least one year for personal, household, or family transportation. Fire departments and fire protection districts also qualify. The defect must substantially impair use, market value, or safety and arise within the statutory warranty period: one year from delivery or 12,000 miles, whichever is first. Excluded are commercial vehicles, motorcycles, motor homes, vehicles over 8,000 pounds GVWR, and used vehicles. Illinois has one of the shortest coverage windows in the country, so prompt action on emerging problems is critical.

A presumption of a reasonable number of repair attempts arises when the same nonconformity has been subject to repair four or more times within the statutory warranty period and continues to exist, or when the vehicle has been out of service for repairs for a total of 30 or more business days. Business days exclude weekends and most holidays, so the actual elapsed calendar time can be six weeks or more. Document every visit with a written repair order, even diagnostic-only visits where no work was performed.

No. The Illinois lemon law does not apply to used vehicles. However, Illinois has a separate Used Car Buyer Bill of Rights (815 ILCS 505/2L) requiring dealers to provide a 15-day or 500-mile warranty on certain used vehicles covering specified powertrain components. Used buyers also have the federal Magnuson-Moss Warranty Act for any written warranty given at sale and the Illinois Consumer Fraud Act for deceptive sales practices. Pre-purchase inspection by an independent mechanic is strongly advisable since dealer 'as-is' sales remove most implied warranties.

Yes. The statute defines 'consumer' to include individuals who lease a new vehicle for at least one year for personal, household, or family purposes. Lessees have the same right to repurchase or replacement as buyers. In a refund, the lessee typically receives back monthly payments made, capitalized cost reduction, and lease payoff to the lessor, less a reasonable use allowance. The leasing company is generally required to cooperate in releasing the vehicle once the manufacturer accepts the buyback.

Yes, if the manufacturer maintains an informal dispute settlement procedure that substantially complies with federal regulations (16 C.F.R. Part 703). Most major automakers participate in BBB AUTO LINE or a similar program, and you must use it before claiming the statutory refund or replacement remedy. If the manufacturer has no qualifying program, you can file directly in circuit court. Arbitration is generally non-binding on the consumer, meaning you can reject an unfavorable award and pursue litigation.

Any action under the Illinois New Vehicle Buyer Protection Act must be commenced within 18 months following the date of original delivery of the vehicle to the consumer. This is one of the shortest statutes of limitations in the country, so consumers should not delay. Federal Magnuson-Moss claims have a longer four-year period and can sometimes be pursued in parallel for stronger leverage. The qualifying defects and repair attempts must occur within the 12-month/12,000-mile coverage window even if suit is filed later within the 18-month limit.

If the manufacturer cannot repair after the statutory attempts, you can elect either a replacement vehicle of like model line (or a comparable vehicle if unavailable) or a full refund of the purchase or lease price plus collateral charges, less a reasonable allowance for use. Illinois does not specify the offset formula, leaving room to negotiate; experienced practitioners argue the offset should reflect mileage at the first reported defect rather than at settlement. Illinois law does not provide treble damages or statutory civil penalties, but Magnuson-Moss claims joined with the lemon law allow recovery of attorney's fees and costs.