Illinois Lemon Law Refund Calculator

How the Illinois buyback is calculated

Under the Illinois New Vehicle Buyer Protection Act.

• If the seller cannot conform a new vehicle to its express warranties after a reasonable number of attempts, the manufacturer must either provide a replacement vehicle of like model line (or a comparable vehicle) or accept the return of the vehicle and refund the full purchase price or lease cost (815 ILCS 380/3(a)). The Act does not say who chooses between the two.
• The refund base is the full purchase price including all collateral charges. The Act defines collateral charges only by excluding taxes the purchaser paid on the initial purchase, so the calculator leaves your sales tax out. It adds registration and title fees as the narrowest reading of "collateral charges" (the Act lists none), and it does not add finance charges or towing, rental and other out-of-pocket costs, because the refund clause names none of them. For a lease the refund is the lease cost, which includes deposits, fees, taxes, down payments and periodic payments (380/2(g)).
• The deduction is a reasonable allowance for consumer use: the wear and tear from use before the first report of the problem and during any later period when the vehicle is not out of service for repair (380/3(c)). The statute gives no formula, so the calculator estimates the price times the miles at return divided by 120,000, a practice figure. The real number is negotiable, and miles driven after the first report count except while the vehicle is in the shop.
• The refund is paid to you and any lienholder as your respective interests appear (380/3(f)).
• The Act has no penalty, damages multiplier or fee provision. Other statutes may allow more in separate claims (the Consumer Fraud Act, 815 ILCS 505/10a; the Magnuson-Moss Warranty Act, 15 U.S.C. § 2310(d)), and a consumer who elects to proceed and settle under the Act is barred from a separate UCC action (380/5).

Illinois lemon law: frequently asked questions

How much can I recover under the Illinois lemon law?

A refund of the full purchase price or lease cost, including all collateral charges, less a reasonable allowance for your use, or a replacement vehicle (815 ILCS 380/3(a)). Our estimate subtracts the price times the miles at return divided by 120,000 for the allowance, a practice figure, and leaves out purchaser sales tax, finance charges and out-of-pocket costs. Run your numbers through the calculator.

Why does the mileage matter?

The Act's allowance for use is "that amount directly attributable to 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 (815 ILCS 380/3(c)). It names no formula. Miles driven after the first report count, except while the vehicle is in the shop.

Do I get my sales tax back in Illinois?

Not under the Act if you bought the vehicle: "collateral charges" does not include taxes paid by the purchaser on the initial purchase (815 ILCS 380/3(a)). A lessee's refund is the lease cost, which includes taxes (380/2(g)). The retailer who initially sold the vehicle may file a claim for credit for taxes paid under the Retailers' Occupation Tax Act.

Do I have to pay the attorney out of my recovery?

The Act has no fee provision. A court may award reasonable attorney's fees to the prevailing party in a Consumer Fraud Act claim (815 ILCS 505/10a(c)), and may allow a consumer who finally prevails under the Magnuson-Moss Warranty Act to recover attorneys' fees (15 U.S.C. § 2310(d)(2)); both are in the court's discretion. What a lawyer charges is between you and the lawyer.

How long do I have to bring a claim?

Any action under the Act must be commenced within eighteen months following the date of original delivery (815 ILCS 380/6), extended by the days the dispute was pending in the manufacturer's informal dispute procedure (380/4(b)). Before the refund-or-replace remedy applies, 380/4(a) calls for first using that procedure where the manufacturer has one that meets the Act's conditions.