Illinois Lemon Law: Complete Guide for 2026

Last verified: February 2026

Key Points

Primary Law: New Vehicle Buyer Protection Act (815 ILCS 380/1 to 380/8)
Coverage: New motor vehicles purchased or leased in Illinois for personal use
Presumption: 4+ repair attempts for same problem OR 30+ business days out of service within 12 months/12,000 miles
Remedies: Refund or comparable replacement vehicle at consumer’s choice
Arbitration: State-certified arbitration available through Illinois Attorney General
Attorney Fees: Prevailing consumers may recover reasonable attorney fees
No Dealer Liability: Claims are against manufacturer, not dealer

Quick Penalties Overview

Violation Type	Consumer Remedy	Additional Damages
Failure to repair after reasonable attempts	Refund or replacement	Incidental damages (towing, rental)
Failure to comply with arbitration decision	Court enforcement available	Attorney fees and costs
Consumer Protection Act violations	Actual damages	Punitive damages in egregious cases
Resale of returned lemon without disclosure	Rescission of sale	Statutory penalties

📑 Table of Contents (click to expand)

Illinois New Vehicle Buyer Protection Act Overview
What Vehicles Are Covered
Illinois Lemon Law Presumption
Consumer Remedies: Refund vs. Replacement
How to File a Lemon Law Claim
State-Certified Arbitration
Manufacturer Defenses
Used Vehicle Protections
Leased Vehicle Rights
Statute of Limitations
Frequently Asked Questions
Resources and Legal Help

Illinois New Vehicle Buyer Protection Act Overview

Illinois’ lemon law, officially known as the New Vehicle Buyer Protection Act (815 ILCS 380/1 through 380/8), provides comprehensive consumer protections for purchasers and lessees of new motor vehicles in the state. This law requires manufacturers to repurchase or replace vehicles that cannot be repaired after a reasonable number of attempts.

The Illinois lemon law stands out for its straightforward approach to defining when a vehicle qualifies as a lemon. With clear presumption standards based on repair attempts and days out of service, Illinois consumers have strong tools to pursue relief when stuck with a defective vehicle. The law also provides access to state-certified arbitration through the Illinois Attorney General’s office.

One important feature of Illinois law is its explicit protection against dealer liability. Claims under the lemon law are directed solely at the manufacturer, protecting both consumers and dealers from unnecessary litigation against the wrong party.

What Vehicles Are Covered

The Illinois New Vehicle Buyer Protection Act applies to new motor vehicles purchased or leased primarily for personal, family, or household use. Understanding which vehicles qualify is essential before pursuing a claim.

Covered Vehicle Types

New passenger cars: Sedans, coupes, hatchbacks, and similar vehicles
Trucks: Pickup trucks used primarily for personal purposes
SUVs and crossovers: Sport utility vehicles for personal use
Vans and minivans: Personal passenger vehicles
Leased vehicles: New vehicles obtained through consumer leases
Demonstrator vehicles: If sold as new with manufacturer warranty

Vehicles Not Covered

Motorcycles: Excluded from coverage
Recreational vehicles: Motor homes and campers
Commercial vehicles: Vehicles used primarily for business purposes
Off-road vehicles: ATVs and similar vehicles not intended for highway use
Used vehicles: Vehicles previously titled to a consumer
Fleet purchases: Vehicles purchased for commercial fleets

Consumer Definition

A “consumer” under Illinois law is the purchaser or lessee of a new motor vehicle used primarily for personal, family, or household purposes. This includes any person to whom the vehicle is transferred during the warranty period, as long as the transfer is not for resale.

Illinois Lemon Law Presumption

Illinois law creates a presumption that a reasonable number of repair attempts have been made if certain conditions are met within the first 12 months of ownership or 12,000 miles, whichever occurs first.

The Lemon Law Presumption Applies When:

Condition	Requirement	Time/Mileage Limit
Repair Attempts (Same Problem)	4 or more attempts	Within 12 months or 12,000 miles
Days Out of Service	30 or more business days	Within 12 months or 12,000 miles
Nonconformity Requirement	Substantially impairs use and value	Must be covered by express warranty

Notification Requirement

Before the presumption applies, the consumer must notify the manufacturer directly if the manufacturer has established a procedure for receiving such notice. The manufacturer must clearly disclose this requirement in the warranty or owner’s manual.

What Qualifies as a Substantial Impairment?

The nonconformity must “substantially impair” the use and value of the vehicle. Examples include:

Engine or transmission failures affecting drivability
Brake system malfunctions creating safety hazards
Steering problems that affect control
Electrical system failures affecting critical components
Persistent check engine lights indicating major issues
Air conditioning or heating failures
Fuel system problems causing poor performance

Consumer Remedies: Refund vs. Replacement

When a vehicle qualifies as a lemon under Illinois law, the consumer can choose between a refund or a replacement vehicle.

Option 1: Vehicle Refund (Buyback)

If the consumer chooses a refund, the manufacturer must provide:

Full purchase price: The total amount paid for the vehicle
License and registration fees: All governmental charges
Incidental damages: Reasonable costs for towing and rental vehicles
Collateral charges: Finance charges and related costs

Usage Deduction: The manufacturer may deduct a reasonable allowance for the consumer’s use of the vehicle. Illinois law allows this deduction based on the miles driven before the first repair attempt for the nonconformity.

Option 2: Replacement Vehicle

Instead of a refund, the consumer may choose a replacement vehicle that is:

Comparable to the original vehicle
Acceptable to the consumer
Covered by all applicable warranties

Refund Distribution

Refunds must be made to the consumer and any lienholder (such as a bank financing the vehicle) as their interests appear.

How to File a Lemon Law Claim in Illinois

Successfully pursuing a lemon law claim in Illinois requires careful documentation and following proper procedures.

Step 1: Document Everything

Keep all repair orders and invoices
Record dates your vehicle was in the shop
Document the symptoms you experienced
Save all correspondence with the dealer and manufacturer
Take photos or videos of defects when possible
Maintain a written log of all repair attempts

Step 2: Notify the Manufacturer

If the manufacturer requires direct notice (as disclosed in the warranty), send written notification including:

Your name and contact information
Vehicle information (year, make, model, VIN)
Description of the nonconformity
Summary of repair attempts
Request for remedy (refund or replacement)

Step 3: Allow Repair Attempts

Give the manufacturer a reasonable opportunity to repair the vehicle. Generally, this means allowing at least four attempts for the same problem or having the vehicle out of service for 30 business days.

Step 4: Request State-Certified Arbitration

Illinois offers state-certified arbitration through the Attorney General’s office. This can be an effective way to resolve disputes without litigation.

Step 5: File Legal Action if Necessary

If arbitration does not resolve your claim, you may file a lawsuit against the manufacturer. Prevailing consumers may recover attorney fees.

State-Certified Arbitration

Illinois provides a state-certified arbitration program to help consumers resolve lemon law disputes without going to court.

Illinois Attorney General’s Arbitration Program

Available to Illinois consumers with new vehicle warranty disputes
Free to consumers
Decisions typically issued within specified timeframes
Not binding on consumer (can still pursue litigation)

Manufacturer Arbitration Programs

If the manufacturer has established an informal dispute settlement procedure that complies with federal regulations (16 CFR Part 703), the consumer may need to use that program before pursuing other remedies. However, the consumer is not bound by an unfavorable decision.

Benefits of Arbitration

Faster resolution than litigation
No cost or low cost to consumer
Less formal than court proceedings
Decision can support subsequent legal action

Manufacturer Defenses

Manufacturers may raise several affirmative defenses to avoid lemon law liability in Illinois.

Common Manufacturer Defenses

Defense	Manufacturer’s Argument	Consumer’s Counter
No substantial impairment	Defect does not substantially impair use and value	Document how defect affects daily use and resale value
Consumer abuse or neglect	Defect caused by owner misuse	Provide maintenance records showing proper care
Unauthorized modifications	Aftermarket parts caused the problem	Show defect existed before modifications or is unrelated
No manufacturer notice	Consumer did not follow notice requirements	Show notice was provided or not required
Insufficient repair attempts	Reasonable number not reached	Provide complete repair history documentation

Used Vehicle Protections

Illinois’ New Vehicle Buyer Protection Act specifically covers new vehicles. However, used vehicle buyers have other protections available.

Remaining Manufacturer Warranty

If you purchase a used vehicle still covered by the original manufacturer’s warranty, you may have protection for defects occurring during that warranty period.

Federal Magnuson-Moss Warranty Act

The federal Magnuson-Moss Warranty Act provides additional protections for consumers with warranty coverage on any consumer product.

Illinois Consumer Fraud and Deceptive Business Practices Act

Used vehicle buyers may have remedies under Illinois’ general consumer protection laws (815 ILCS 505) for fraudulent or deceptive sales practices.

Illinois Used Car Lemon Law

While not as comprehensive as the new vehicle law, Illinois provides some used car protections through dealer warranty requirements and disclosure obligations.

Leased Vehicle Rights

Illinois’ lemon law applies to leased vehicles as well as purchased vehicles. Lessees have similar rights to purchasers.

Leased Vehicle Remedies

If a leased vehicle qualifies as a lemon, the consumer may receive:

Return of all lease payments made
Refund of any down payment or deposit
Reimbursement of incidental costs
Or a comparable replacement vehicle

Usage Deduction for Leases

A reasonable allowance for use may be deducted from amounts returned to the lessee, similar to purchased vehicles.

Lease Agreement Termination

When a leased vehicle is returned under the lemon law, the lease agreement terminates. The lessee should not owe any additional amounts under the lease.

Statute of Limitations

Understanding the deadlines for filing a lemon law claim is critical for Illinois consumers.

Filing Deadlines

Presumption period: 12 months or 12,000 miles from delivery (whichever first)
Warranty repairs: Must report nonconformity during warranty period
Civil actions: Generally within applicable statute of limitations for contract or warranty claims

Tolling Provisions

The time periods may be extended during periods when repair services are unavailable due to war, invasion, strike, fire, flood, or other natural disasters.

Frequently Asked Questions

How many repair attempts does Illinois require before a vehicle is considered a lemon?

Under Illinois law, a vehicle may qualify as a lemon after four or more repair attempts for the same nonconformity that substantially impairs the use and value of the vehicle. Alternatively, if the vehicle is out of service for 30 or more business days for repairs, it may also qualify. These conditions must occur within the first 12 months or 12,000 miles, whichever comes first.

Do I need a lawyer to file an Illinois lemon law claim?

You can pursue a claim without an attorney, but legal representation can improve your chances of success. Illinois law allows prevailing consumers to recover reasonable attorney fees, so many lemon law attorneys offer representation on a contingency basis with no upfront cost.

Does Illinois’ lemon law cover used cars?

The New Vehicle Buyer Protection Act specifically covers new vehicles. However, used car buyers may have protection if the vehicle is still under the original manufacturer’s warranty, or through the federal Magnuson-Moss Warranty Act and Illinois consumer fraud laws.

What is the “reasonable allowance for use” deducted from my refund?

The reasonable allowance for use is an amount the manufacturer may deduct from your refund based on the miles you drove before first reporting the nonconformity for repair. This compensates the manufacturer for the benefit you received from using the vehicle.

Can I reject a replacement vehicle and demand a refund?

Yes, Illinois law gives consumers the choice between a refund and a replacement vehicle. If you prefer a refund over a replacement, you have the right to make that choice.

What happens if the manufacturer ignores my lemon law claim?

If the manufacturer fails to provide relief after a reasonable number of repair attempts, you can pursue state-certified arbitration through the Illinois Attorney General’s office or file a lawsuit. Courts may award attorney fees and additional damages in appropriate cases.

Are motorcycles covered under Illinois’ lemon law?

No, motorcycles are not covered under the New Vehicle Buyer Protection Act. Motorcycle buyers may have other remedies under warranty law or consumer protection statutes.