What Qualifies as a Lemon Car in Illinois

In Illinois, a car is considered a “lemon” if, within the first 12 months or 12,000 miles after delivery (whichever comes first), a substantial defect covered by the manufacturer’s warranty persists after a reasonable number of repair attempts—typically four for the same problem—or the vehicle is out of service for 30 or more business days, and the manufacturer has been given a final opportunity to fix it. This standard is set by the Illinois New Vehicle Buyer Protection Act (815 ILCS 380), which applies primarily to new, personally used vehicles purchased or leased in Illinois and registered in the state.

When a Vehicle Qualifies as a Lemon in Illinois

The state’s lemon law focuses on whether a defect significantly impairs the vehicle’s use, value, or safety and whether the manufacturer had adequate opportunities to repair it during the early ownership period. The following criteria outline the legal thresholds.

• Covered defect and timing: The issue must arise and be reported to the manufacturer or an authorized dealer within the first 12 months or 12,000 miles after original delivery, whichever occurs first, and be covered by the express warranty.
• Substantial impairment: The problem must substantially impair the vehicle’s use, value, or safety (not a minor annoyance or cosmetic flaw).
• Reasonable repair attempts: Presumed after either four or more attempts to fix the same defect, or when the vehicle is out of service for a cumulative 30 or more business days for warranty repairs during the qualifying period.
• Final repair opportunity: After those thresholds, the consumer must give the manufacturer a final chance to repair—typically via a written “last-chance” notice sent to the manufacturer (not just the dealer), often by certified mail.
• No misuse: The defect cannot be the result of abuse, neglect, unauthorized modifications, or damage after delivery.
• Who is covered: Buyers or lessees using the vehicle primarily for personal, family, or household purposes; certain transferees during the warranty period may also be protected.

Meeting these conditions triggers the manufacturer’s obligation to provide a replacement vehicle or a refund, subject to a reasonable deduction for use based on miles driven before the defect was first reported.

Vehicles Covered and Excluded

Illinois law does not apply to all vehicles. Coverage is tied to vehicle type, intended use, and the nature of the purchase or lease.

• Covered: New passenger cars, SUVs, vans, and light trucks purchased or leased in Illinois and registered in the state, used primarily for personal, family, or household purposes.
• Also generally covered: Transferees within the express warranty period, as defined by the statute.
• Excluded: Most used vehicles outside the new-vehicle/warranty window, motorcycles, motor homes/RVs, boats, off-road vehicles, and vehicles purchased primarily for business or commercial use.

If your vehicle falls into the excluded categories, you may still have remedies under other laws (such as federal warranty law, implied warranties, or fraud statutes), but the Illinois lemon law will not apply.

What To Do If You Think You Have a Lemon

Act promptly and document everything. Illinois law sets strict time and mileage windows and requires notice to the manufacturer. The steps below help preserve your rights.

1. Document defects and repairs: Keep detailed records of dates, mileage, symptoms, repair orders, and how long the vehicle was out of service.
2. Report promptly: Ensure the defect is reported to the dealer or manufacturer within the first 12 months or 12,000 miles.
3. Send a “final opportunity to repair” letter: After four failed repair attempts for the same issue, or 30 business days out of service, send a written notice to the manufacturer (use the address in your warranty booklet). Send by certified mail, include your VIN, contact info, a description of the defect, and your repair history.
4. Allow the final repair attempt: Cooperate if the manufacturer directs you to a reasonably accessible repair facility within a short timeframe.
5. Use any required dispute program: If the manufacturer has a state-compliant informal dispute settlement/arbitration program, you may need to use it before pursuing court remedies.
6. Seek a remedy: If the defect persists, request a replacement vehicle or refund. Consider consulting an attorney experienced in lemon law and warranty claims.

Following these steps strengthens your claim and helps demonstrate that the manufacturer had a fair chance to fix the problem within the law’s timelines.

Possible Remedies

Once a vehicle qualifies as a lemon under Illinois law, the manufacturer must provide relief. The options typically include the following.

• Replacement vehicle: A comparable new vehicle, usually of the same model or equivalent value and features.
• Refund: The purchase price or lease payments made, including taxes, title, and registration, minus a reasonable deduction for use based on miles driven before the defect was first reported.
• Incidental costs: Reimbursement of certain out-of-pocket expenses reasonably incurred due to the defect (for example, towing or rental, where applicable under warranty).
• Attorney’s fees: In some cases and forums (for example, under federal warranty law or where provided by statute), you may be able to recover reasonable attorney’s fees and costs if you prevail.

The exact remedy and any mileage-based deduction will depend on your documentation, timing, and the outcome of arbitration or litigation, if pursued.

Key Practical Points and Deadlines

Illinois lemon law protection hinges on timing and proof. Keep these points in mind.

• Window to act: The defect must be reported within 12 months or 12,000 miles after original delivery, whichever occurs first.
• Repair thresholds: Four repair attempts for the same issue or 30 or more business days out of service create a presumption of a lemon.
• Notice to manufacturer: Send the final repair opportunity letter—don’t rely solely on dealer communications.
• Recordkeeping: Maintain complete, legible copies of every repair order and correspondence; note dates, mileage, and technician notes.
• Arbitration: If a compliant manufacturer program exists, you may need to use it before seeking a refund or replacement in court.

Timely reporting and thorough documentation are often decisive in whether a vehicle qualifies and whether you receive a replacement or refund.

If Your Vehicle Doesn’t Qualify

Even if your car falls outside Illinois’ lemon law—such as a used vehicle or a motorcycle—you may still have options under the federal Magnuson–Moss Warranty Act, the Illinois Consumer Fraud and Deceptive Business Practices Act, or implied warranty protections. Consult your warranty booklet and consider legal advice tailored to your circumstances.

Summary

To qualify as a lemon in Illinois, a new, personally used vehicle must have a substantial warranty-covered defect reported within 12 months or 12,000 miles that persists after four repair attempts or 30 business days out of service, with the manufacturer given a final chance to fix it. If those conditions are met, you can seek a replacement or a refund (with a mileage-based use deduction), often after using any required dispute program. Act quickly, notify the manufacturer in writing, and keep meticulous records to protect your rights under the Illinois New Vehicle Buyer Protection Act.

How long do you have to return a used car in Illinois?

In Illinois, you do not have a set timeframe to return a used car for reasons like “buyer’s remorse” because there is no state-mandated cooling-off period. Your ability to return a car depends on any optional return or exchange policy offered by the dealership, which should be in writing. The only legal exceptions are for specific defects under the implied warranty of merchantability or if the dealer cannot secure financing as agreed. 
Factors Determining Return Eligibility

• Dealership Policy: Check your sales contract for any return or exchange clauses. Some dealerships, like CarMax, offer such policies, but they are the exception, not the rule. 
• Financing Issues: If the dealer cannot secure financing for your purchase under the terms you agreed to, they are required to return your down payment and trade-in, and you must return the car. 
• Defects: For specific defects covered by the implied warranty of merchantability, you have 15 days or 500 miles (whichever comes first) to provide the dealer with notice of the problem. 

What to Do

1. Review Your Contract: Carefully read your sales agreement for any return or exchange clauses. 
2. Contact the Dealer: If you have concerns, communicate promptly with the dealer to see if a resolution is possible. 
3. Get It In Writing: Any agreement to return the car, even if for inspection by a mechanic, should be documented in writing. 
4. Consult Resources: For further guidance or if you face an unresponsive dealer, you can seek resources from the Office of the Illinois Attorney General or consult consumer protection agencies. 

Can I sue for a lemon if I bought used in IL?

Yes, consumers in Illinois may use the federal Magnuson-Moss Warranty Act to provide them with relief for the purchase of any used car, truck, SUV, or other consumer product. This federal Lemon Law makes no distinction between new and used vehicles. If the vehicle meets the definition of a lemon, it’s covered.

What is the mileage limit for lemon laws in Illinois?

12,000 miles
New Cars (purchased or leased); • Light Trucks and vans under 8,000 pounds; • Recreational vehicles (excluding trailers): • Vehicles in their first 12 months or 12,000 miles, whichever occurs first; and • New vehicles purchased in Illinois.
PDF

What is considered a lemon car in Illinois?

To meet Illinois Lemon Law requirements, your new vehicle must have a nonconformity that substantially impairs its use, value, or safety and cannot be repaired after four attempts or after being out of service for 30+ business days, all within the first 12 months or 12,000 miles of purchase, whichever comes first. If these conditions are met, you can request a replacement or refund from the manufacturer. 
Key Requirements for Your Vehicle

• Vehicle Type: The law applies to new vehicles, light trucks, and vans under 8,000 pounds, and recreational vehicles (not trailers) purchased in Illinois. 
• Timeline: The issue must occur within the first 12 months or 12,000 miles, whichever comes first, after purchase. 
• Substantial Impairment: There must be a problem (nonconformity) that significantly reduces the vehicle’s use, market value, or safety. 

Attempted Repairs and Out-of-Service Time
Your vehicle may qualify as a lemon if, within the first year or 12,000 miles, one of these conditions is met: 

• Multiple Repair Attempts: The same problem requires at least four repair attempts by the dealer or manufacturer, but the issue is still not fixed. 
• Out of Service: The vehicle is out of service for repairs for a total of 30 or more business days. 

Your Options
If your vehicle meets the criteria, you have the right to request either a replacement vehicle or a refund from the manufacturer. 
What About Used Cars?
The Illinois Lemon Law specifically covers new vehicles. For used cars, you may be able to seek relief under the federal Magnuson-Moss Warranty Act if a warranty is in place and the vehicle meets the definition of a lemon, but the state lemon law does not apply directly to used vehicles.