Key takeaways
- Protection period: statutory warranty period: one year or 12,000 miles, whichever occurs first after delivery to the consumer.
- Repair attempts: the same nonconformity subject to repair 4 or more times during the statutory warranty period and it continues to exist.
- Days out of service: out of service for repair a total of 30 or more business days during the statutory warranty period.
- Deadline: within 18 months following original delivery of the vehicle to the consumer, extended by the time spent in a qualifying informal dispute procedure.
- The law is 815 ILCS 380/1 to 380/8. Read it with your repair orders and your warranty in front of you.
On this page
Illinois's lemon law is 815 ILCS 380/1 to 380/8, the New Vehicle Buyer Protection Act. It gives owners a remedy when the manufacturer can't fix a warranty defect after a fair chance. This page sums up the main rules as written in the statute, with links to the official text. Use it to check your dates and your repair visits, then talk to a lawyer about your own records.
Illinois lemon law at a glance
| Statute | 815 ILCS 380/1 to 380/8 |
|---|---|
| Official name | New Vehicle Buyer Protection Act |
| Vehicles covered | Passenger cars, Second Division motor vehicles under 8,000 pounds, vehicles bought by fire departments, fire protection districts or township fire departments, and recreational vehicles. Camping and travel trailers are excluded except as stated in the Vehicle Code definition. |
| Leased vehicles | Yes, leased vehicles are covered. |
| Protection period | Statutory warranty period: one year or 12,000 miles, whichever occurs first after delivery to the consumer. |
| Repair attempts | The same nonconformity subject to repair 4 or more times during the statutory warranty period and it continues to exist. |
| Days out of service | Out of service for repair a total of 30 or more business days during the statutory warranty period. |
| Notice to the manufacturer | The presumption does not apply unless the manufacturer received prior direct written notice from or for the consumer and has an opportunity to correct the defect. |
| Dispute programs | If the manufacturer has an informal dispute procedure that substantially conforms to 16 C.F.R. Part 703, and the consumer received adequate written notice of it, the consumer must use it before the refund or replacement remedy applies. The limitations period is extended for the time the dispute was pending there. |
| Deadline to bring a claim | Within 18 months following original delivery of the vehicle to the consumer, extended by the time spent in a qualifying informal dispute procedure. |
| Remedies | A new vehicle of like model line (or a comparable vehicle) as a replacement, or a refund of the full purchase price or lease cost, including collateral charges (excluding taxes paid on the initial purchase), less a reasonable allowance for use. The allowance covers use before the first report of the nonconformity and use while not out of service for repair. |
| Used vehicles | No. The Act covers new vehicles bought or leased (for at least one year) from the seller. |
Does your vehicle qualify in Illinois?
The law covers passenger cars, Second Division motor vehicles under 8,000 pounds, vehicles bought by fire departments, fire protection districts or township fire departments, and recreational vehicles. Camping and travel trailers are excluded except as stated in the Vehicle Code definition. The protection period is statutory warranty period: one year or 12,000 miles, whichever occurs first after delivery to the consumer. Inside that window, the statute presumes the manufacturer has had a fair chance to fix the problem when one of these is true:
- Repeated repairs: The same nonconformity subject to repair 4 or more times during the statutory warranty period and it continues to exist.
- Days out of service: Out of service for repair a total of 30 or more business days during the statutory warranty period.
As with most lemon laws, the defect generally has to be covered by the manufacturer's warranty and serious enough to substantially impair the vehicle's use, value or safety; check the statute's exact wording. Count only visits for the same problem, and check each repair order for your complaint, the dates in and out, and the mileage. See what counts as a repair attempt.
Notice, dispute programs and deadlines
The presumption does not apply unless the manufacturer received prior direct written notice from or for the consumer and has an opportunity to correct the defect.
If the manufacturer has an informal dispute procedure that substantially conforms to 16 C.F.R. Part 703, and the consumer received adequate written notice of it, the consumer must use it before the refund or replacement remedy applies. The limitations period is extended for the time the dispute was pending there.
Deadline: Within 18 months following original delivery of the vehicle to the consumer, extended by the time spent in a qualifying informal dispute procedure.
Deadlines can run out before you expect, and contacting a lawyer does not stop them. Read more about lemon law deadlines and notice to the manufacturer.
Questions about your vehicle's repair history?
Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.
What you can recover
A new vehicle of like model line (or a comparable vehicle) as a replacement, or a refund of the full purchase price or lease cost, including collateral charges (excluding taxes paid on the initial purchase), less a reasonable allowance for use. The allowance covers use before the first report of the nonconformity and use while not out of service for repair. Many claims are also resolved by a negotiated settlement. See buyback and replacement.
Federal warranty law also applies
The federal Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301–2312) applies in every state. It covers written and implied warranties on consumer products, including vehicles, and it can help when a vehicle falls outside Illinois's lemon law, for example some used vehicles sold with a warranty or a service contract.
Talk to us about your Illinois vehicle
SkyRidge Law P.C. reviews lemon law questions from owners in every state. Lawyers may practice only where they are licensed or otherwise authorized, so before you sign anything we tell you which lawyer would handle your case and where that lawyer is licensed. Send us your repair history and we will look at your dates with you.
Frequently asked questions
How many repair attempts make a car a lemon in Illinois?
Under 815 ILCS 380/1 to 380/8, the presumption is met when the same nonconformity subject to repair 4 or more times during the statutory warranty period and it continues to exist. The law also counts time in the shop: out of service for repair a total of 30 or more business days during the statutory warranty period.
How long do I have to file a lemon law claim in Illinois?
Within 18 months following original delivery of the vehicle to the consumer, extended by the time spent in a qualifying informal dispute procedure. Other deadlines, such as the protection period and any notice or dispute-program step, can run out first, so check your dates early. Contacting a lawyer does not stop the clock.
Does the Illinois lemon law cover used cars?
No. The Act covers new vehicles bought or leased (for at least one year) from the seller. Even when the state lemon law does not apply, a used vehicle sold with a written warranty or a service contract may have rights under the federal Magnuson-Moss Warranty Act.
Does the Illinois lemon law cover leased vehicles?
Yes, leased vehicles are covered. Lease buybacks usually involve both you and the leasing company, so keep your lease agreement with your repair orders.
Do I have to notify the manufacturer in Illinois?
The presumption does not apply unless the manufacturer received prior direct written notice from or for the consumer and has an opportunity to correct the defect. Keep a copy of anything you send and proof of delivery.
Do I have to go to arbitration in Illinois?
If the manufacturer has an informal dispute procedure that substantially conforms to 16 C.F.R. Part 703, and the consumer received adequate written notice of it, the consumer must use it before the refund or replacement remedy applies. The limitations period is extended for the time the dispute was pending there.