Illinois Lemon Law: Do You Qualify?

Illinois lemon law at a glance

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The statutory warranty period is one year or 12,000 miles, whichever occurs first after the date of delivery of a new vehicle to the consumer (815 ILCS 380/2(f)). It is suspended while repair services are not available because of a war, invasion or strike, or a fire, flood or other natural disaster (380/3(e)).

Covered vehicles

A "new vehicle" is a passenger car, a Second Division motor vehicle having a weight of under 8,000 pounds (a truck or van designed for freight or cargo, or for more than 10 persons), a vehicle purchased by a fire department, fire protection district or township fire department, and a recreational vehicle other than a camping or travel trailer (815 ILCS 380/2(c); 625 ILCS 5/1-146, 1-157). The Act does not name motorcycles, and the Attorney General's guide says the Lemon Law does not cover "Motorcycles and boats". A consumer is an individual who buys or leases the vehicle from the seller for primarily personal, household or family purposes (380/2(a)). For a converted or modified vehicle the party who modified it is also a "seller" and is liable if the altered parts caused the failure (380/2(e), 3(a)); the Attorney General's guide lists "Altered or modified vehicles" as not covered.

Repair attempts

4 or more repairs of the same nonconformity within the statutory warranty period, where the nonconformity continues to exist, raise the presumption (815 ILCS 380/3(b)(1)). The Act has no separate count for safety defects.

Days out of service

30 or more business days in total out of service by reason of repair of nonconformities during the statutory warranty period raise the presumption (815 ILCS 380/3(b)(2)). The Act counts business days and does not define the term.

Written notice

The presumption does not apply against the manufacturer unless it has received prior direct written notification from or on behalf of the consumer and has an opportunity to correct the alleged defect (815 ILCS 380/3(h)). The Act names no method and no length of time. Separately, the refund-or-replace remedy does not apply unless the consumer has first resorted to the manufacturer's informal dispute settlement procedure where the manufacturer has established one that conforms substantially to 16 C.F.R. Part 703 and the seller gave the consumer adequate written notice of it (380/4(a)).

What you get back

A replacement vehicle, or a refund of the full purchase price or lease cost including all collateral charges, less a reasonable allowance for consumer use (815 ILCS 380/3(a)). Collateral charges do not include taxes the purchaser paid on the initial purchase; the lease cost includes taxes (380/2(g)). The allowance is the wear and tear from use before the first report of the nonconformity and during any later period when the vehicle is not out of service for repair, and the Act names no formula (380/3(c)). Refunds go to the consumer and any lienholder as their interests appear (380/3(f)). The Act does not say who chooses between the replacement and the refund. The manufacturer has an affirmative defense if the failure results from abuse, neglect or unauthorized modifications or alterations (380/3(d)).

Used vehicles

Not covered: the Act protects a buyer or lessee of a "new vehicle from the seller", and the Attorney General's guide lists "Used Cars" as not covered. A used car bought from a licensed dealer or at a public auction may carry the limited implied warranty of merchantability of 815 ILCS 505/2L, which cannot be disclaimed for 15 days or 500 miles after delivery, whichever is earlier, subject to that section's exceptions.

Illinois lemon law: frequently asked questions

How long do I have to file an Illinois lemon law claim?

Any action brought under the Act must be commenced within eighteen months following the date of original delivery of the vehicle to the consumer (815 ILCS 380/6). It runs from delivery, not from when the problem appeared, and is extended by the number of days the dispute was pending in the manufacturer's informal dispute settlement procedure (380/4(b)). The Attorney General's guide says many consumers lost the remedy by waiting longer than 12 months from the purchase date to file with the manufacturer's program, so start early.

What makes a car a lemon in Illinois?

A nonconformity is a failure to conform to the express warranties that substantially impairs the use, market value or safety of the vehicle (815 ILCS 380/2(d)). After a reasonable number of attempts to conform it, the manufacturer must replace the vehicle or refund the price (380/3(a)). A reasonable number of attempts is presumed after 4 repairs of the same nonconformity that still exists, or 30 business days out of service, within the statutory warranty period, once the manufacturer has received your direct written notice (380/3(b), (h)). The manufacturer has an affirmative defense if the failure results from abuse, neglect or unauthorized modifications or alterations (380/3(d)).

Who chooses between refund and replacement in Illinois?

The Act says the manufacturer "shall either provide the consumer with a new vehicle of like model line, if available, or otherwise a comparable motor vehicle as a replacement, or accept the return of the vehicle from the consumer and refund" the price or lease cost (815 ILCS 380/3(a)). It does not say who chooses. The refund is the full purchase price or lease cost including all collateral charges, less a reasonable allowance for consumer use.

Does the Illinois lemon law cover used cars, motorcycles or trailers?

No used cars: the Act covers a "new vehicle from the seller", and the Attorney General's guide lists "Used Cars" as not covered. It does not name motorcycles, and the guide lists "Motorcycles and boats" as not covered. It excepts a camping trailer or travel trailer from the recreational vehicles it covers (815 ILCS 380/2(c)). A used car bought from a licensed dealer or at a public auction may carry the 15 day / 500 mile implied warranty of merchantability of 815 ILCS 505/2L, with the seller's liability limited to the purchase price, refunded in exchange for return of the vehicle.

Can I still sue under the Uniform Commercial Code?

Persons electing to proceed and settle under the Act are barred from a separate cause of action under the Uniform Commercial Code (815 ILCS 380/5). A UCC warranty action must be commenced within 4 years after the cause of action accrues, which the parties may reduce to not less than one year (810 ILCS 5/2-725).

Statutes cited on this page

• 815 ILCS 380/2(a) ("consumer": a buyer or lessee of a new vehicle from the seller)
• 815 ILCS 380/2(c) ("new vehicle": the vehicle types the Act covers)
• 815 ILCS 380/2(f) ("statutory warranty period": one year or 12,000 miles after delivery)
• 815 ILCS 380/3(a) (replace or refund after a reasonable number of attempts)
• 815 ILCS 380/3(b) (presumption: 4 repairs of the same nonconformity, or 30 business days out of service)
• 815 ILCS 380/3(c) (the "reasonable allowance for consumer use")
• 815 ILCS 380/3(d) (affirmative defense: abuse, neglect, unauthorized modifications)
• 815 ILCS 380/3(h) (the presumption needs prior direct written notification to the manufacturer)
• 815 ILCS 380/4(a) (the 3(a) remedy needs prior resort to a qualifying informal dispute procedure)
• 815 ILCS 380/6 (actions within eighteen months of original delivery)
• 625 ILCS 5/1-216 (Vehicle Code: when a new motor vehicle becomes a "used motor vehicle")

This page summarizes the statute in plain language and is not legal advice. The linked official text controls.