What Qualifies for a Lemon Law Claim in Illinois

In Illinois, a vehicle qualifies as a lemon if a new, personal-use passenger vehicle (generally under 8,000 pounds GVWR) has a warranty-covered defect that substantially impairs its use, value, or safety and the defect isn’t fixed after a reasonable number of attempts—typically four tries for the same problem—or if the vehicle is out of service for 30 or more business days within the first 12 months or 12,000 miles from delivery. Consumers must give the manufacturer a final chance to repair and can then seek a refund or replacement under the Illinois New Vehicle Buyer Protection Act (815 ILCS 380).

The law at a glance

Illinois’ Lemon Law—formally the New Vehicle Buyer Protection Act (815 ILCS 380)—protects buyers and lessees of new vehicles used primarily for personal, family, or household purposes. The protection applies during the earlier of the first 12 months or 12,000 miles after delivery to the original consumer. If a substantial defect covered by the manufacturer’s express warranty persists despite a reasonable number of repair attempts, the consumer may be entitled to a comparable replacement or a refund, less a reasonable allowance for use.

Which vehicles are covered

The following points explain the types of vehicles and transactions that fall within Illinois Lemon Law coverage. Understanding eligibility helps you assess whether the law applies before taking further steps.

• New passenger cars, SUVs, vans, and light trucks with a gross vehicle weight rating (GVWR) generally under 8,000 pounds.
• Vehicles purchased or leased in Illinois and used primarily for personal, family, or household purposes.
• Coverage applies to the original purchaser or lessee during the first 12 months or 12,000 miles from delivery (whichever occurs first), within the manufacturer’s express warranty period.
• Demonstrator or dealer-owned vehicles sold as “new” are typically included if they carry the full new-vehicle warranty.

If your vehicle fits these criteria and the defect surfaces and is reported within the 12 months/12,000 miles window, you are within the core scope of the Illinois Lemon Law.

What qualifies as a “lemon” in Illinois

These elements outline what must occur for a vehicle to be legally considered a lemon under Illinois law. All conditions revolve around substantial defects and timely, unsuccessful repair efforts.

• A “nonconformity” (defect) that is covered by the manufacturer’s express warranty and substantially impairs the vehicle’s use, value, or safety.
• The defect is first reported and presented for repair within the earlier of 12 months or 12,000 miles after delivery to the consumer.
• Reasonable repair attempts have failed, defined as: at least four attempts for the same defect, or the vehicle is out of service for repair for a cumulative total of 30 or more business days during the coverage period.
• The consumer provides the manufacturer with written notice and a final opportunity to repair the defect, and the defect still is not corrected.

When these requirements are met, the vehicle presumptively qualifies as a lemon, opening the door to statutory remedies.

What is not covered

Illinois’ Lemon Law has clear exclusions. The list below highlights common situations and vehicle types that fall outside the Act, so you can quickly identify when the law will not apply.

• Used vehicles (Illinois does not have a separate “used car lemon law”).
• Motorcycles and motor homes (the living-area portions); heavy/commercial vehicles generally over 8,000 pounds GVWR.
• Problems caused by abuse, neglect, accident damage, or unauthorized modifications.
• Minor issues or conditions that do not substantially impair the vehicle’s use, value, or safety.
• Defects that first occur or are first reported after the 12 months/12,000 miles period, even if still under a longer warranty.

If your situation fits one of these exclusions, you may still have rights under warranty, federal Magnuson-Moss Warranty Act, or Illinois consumer fraud laws—but not the Lemon Law.

Your rights and remedies

If your vehicle qualifies as a lemon, the law provides specific remedies. The following options outline the relief typically available, designed to make you whole when a new vehicle cannot be properly repaired.

• Replacement: A comparable new vehicle, generally of the same make and model or equivalent value, subject to your acceptance.
• Refund: The purchase price (or lease payments made), plus certain collateral charges such as sales tax, title, and license fees, less a reasonable allowance for use based on miles driven before the first report of the defect.
• Fees: If you prevail in court, you may recover reasonable attorney’s fees and costs as permitted by the statute.

Consumers often choose between a replacement or refund; the “use” deduction applies to refunds and is intended to account for the vehicle’s pre-defect mileage.

What you need to do

Documentation and notice

Following a clear process will help you preserve your rights. The steps below summarize how to document issues, provide notice, and position your claim for the best chance of success.

1. Report the problem promptly and bring the vehicle to an authorized dealer for repair within the first 12 months/12,000 miles.
2. Keep every repair order and invoice; ensure each lists the complaint, diagnosis, repair attempt dates, and mileage in/out.
3. Send written notice (ideally by certified mail) directly to the manufacturer requesting a final opportunity to repair the defect.
4. Present the vehicle for the manufacturer’s final repair attempt within the time stated in their response or warranty booklet.
5. Use the manufacturer’s informal dispute settlement program (e.g., BBB AUTO LINE or NCDS) if required; Illinois law expects consumers to use a compliant program before filing suit.
6. If unresolved, consult an Illinois consumer-law attorney to pursue a Lemon Law claim seeking a refund or replacement.

Careful recordkeeping and timely, written notice are crucial; they create the paper trail that proves your case.

Key timelines and definitions

These quick-reference points clarify the time limits and terms you’ll encounter in an Illinois Lemon Law evaluation.

• Coverage period: Earlier of 12 months or 12,000 miles from delivery to the original consumer.
• Reasonable attempts: Four or more repair attempts for the same defect, or 30+ business days out of service during the coverage period.
• Business days: Weekdays excluding state-recognized holidays; weekends do not count toward the 30-day total.
• Nonconformity: A warranty-covered defect that substantially impairs use, value, or safety—not superficial issues.

Applying these definitions to your repair history will show whether you meet Illinois’ presumption of a lemon.

Frequently asked specifics

The following points address common scenarios that often determine whether and how a claim proceeds under Illinois law.

• Leased vehicles: Covered similarly to purchases; lessees can pursue Lemon Law remedies.
• Different defects vs. same defect: The “four attempts” rule is for the same problem; the 30-day rule can aggregate downtime for different issues.
• Out-of-state purchases: Illinois Lemon Law primarily applies to vehicles purchased or leased in Illinois; out-of-state buys may fall under that state’s law.
• Aftermarket mods: If a modification causes or contributes to the defect, Lemon Law coverage can be denied for that issue.

If your circumstance is unusual—such as a company car used personally—consult a qualified attorney to evaluate eligibility nuances.

Where to get help

These resources can guide you through eligibility, documentation, and resolution, including required dispute procedures and legal support.

• Illinois Attorney General, Consumer Protection Division (guidance on Lemon Law rights and complaint assistance).
• Manufacturer dispute programs (e.g., BBB AUTO LINE, NCDS) listed in your warranty booklet.
• National Highway Traffic Safety Administration (NHTSA) for safety-related complaints and recalls.
• Illinois consumer-law attorneys with Lemon Law experience for case assessment and representation.

Starting with the manufacturer’s dispute program can be faster and is often required, but legal advice helps protect your leverage.

Bottom line

To qualify under Illinois’ Lemon Law, a new, personal-use vehicle under roughly 8,000 pounds must have a substantial, warranty-covered defect reported within the first 12 months or 12,000 miles that isn’t fixed after four repair attempts or 30 business days out of service, even after the manufacturer’s final chance to repair. If you meet those conditions, you can seek a replacement or refund (minus a use allowance), and you may recover attorney’s fees if you prevail.

What are the requirements for the lemon law 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.

How hard is it to win a lemon law case?

The short answer: not as hard as you think. That is, if you know your rights and work with the right legal team. California’s Lemon Law is considered one of the most consumer-friendly in the country. It protects individuals who’ve purchased or leased a defective vehicle still under the manufacturer’s original warranty.

What problems does Illinois Lemon Law cover?

PROBLEMS COVERED
The lemon law covers vehicle “nonconformities.” A nonconformity is defined as a vehicle’s failure to conform to all express warranties applicable to such vehicle, which failure substantially impairs the use, market value or safety of that vehicle.
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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.