How does the lemon law process work in Illinois?
Illinois's lemon law is one of the shorter coverage windows in the country at 12 months/12,000 miles, making prompt action critical.
1. Governing Statute
The New Vehicle Buyer Protection Act, 815 ILCS 380/1-12. Administered by the Illinois Attorney General's Consumer Protection Division.
2. Coverage
Covers new passenger cars, light trucks, recreational vehicles (chassis and powertrain only — not living quarters), and vans under 8,000 lbs GVWR that are purchased or leased in Illinois. Demonstrator vehicles included. Excludes motorcycles, motor homes' living quarters, vehicles modified or altered by a non-manufacturer entity, and used vehicles. Business vehicles registered to small businesses are covered.
3. Lemon Presumption
Under 815 ILCS 380/4, a reasonable number of attempts is presumed if within 12 months from delivery or 12,000 miles, whichever first: (a) the same nonconformity has been subject to repair 4 or more times, or (b) the vehicle is out of service for repair 30+ business days.
4. Notice to Manufacturer
The consumer must directly notify the manufacturer in writing of the alleged defect; the manufacturer is entitled to one final repair attempt if its warranty booklet requires (§ 4).
5. Manufacturer's Buy-Back / Replacement
At the consumer's option, manufacturer must either replace the vehicle with a comparable new vehicle or refund the full purchase price (including collateral charges) minus a reasonable mileage offset (formula in § 3).
6. Arbitration
If the manufacturer has a state-certified informal dispute resolution program, the consumer must use it before filing suit (§ 7). Most major manufacturers participate in BBB AUTO LINE. Decisions are binding on the manufacturer; the consumer is free to reject and sue.
7. Lawsuit & Fee-Shifting
A consumer who prevails in court is entitled to actual damages, replacement or refund, and reasonable attorney's fees (815 ILCS 380/6). Parallel Magnuson-Moss Warranty Act (15 U.S.C. § 2310(d)) claims and Illinois Consumer Fraud Act (815 ILCS 505/) claims are common.
This is legal information, not legal advice.
- Defect appeared close to the 12-month / 12,000-mile cutoff
- Manufacturer's BBB AUTO LINE decision rejected by consumer and litigation needed
- Multi-defect case requiring Consumer Fraud Act treble damages
- 815 ILCS 380/1-12 (New Vehicle Buyer Protection Act)
- 815 ILCS 505 (Consumer Fraud and Deceptive Business Practices Act)
- 15 U.S.C. § 2301 (Magnuson-Moss)
- 16 CFR Part 703
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.