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Lemon law in Illinois
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New Vehicle Buyer Protection Act, 815 ILCS 380. A new vehicle is presumed a lemon in Illinois when, during the protection period, the same defect was repaired 4 or more times without a fix, or it was out of service for repairs 30 or more days in total. The protection period is 12 months or 12,000 miles after delivery, whichever comes first. Leased vehicles are covered. Used vehicles are not covered.
At a glance
| Protection period | 12 months or 12,000 miles |
|---|---|
| Repair attempts, same defect | 4 |
| Attempts, serious safety defect | Not set |
| Days out of service | 30 |
| Used vehicles | Not covered |
| Leased vehicles | Covered |
| State arbitration program | No |
| Time limit to file | 12 months from the purchase date to file a claim, per the Attorney General |
Who qualifies
Which vehicles
New cars, light trucks and vans under 8,000 pounds, and recreational vehicles (not trailers) bought in Illinois. Motorcycles, boats, and altered or modified vehicles are not covered.
“Light Trucks and vans under 8,000 pounds; • Recreational vehicles (excluding trailers):”
illinoisattorneygeneral.gov
Repair attempts
The car may be a lemon if a defect that substantially impairs its use, value, or safety is not fixed in at least four repair attempts for the same problem.
“is not repairable by the dealer or manufacturer in at least four attempts for the same repair”
illinoisattorneygeneral.gov
Serious safety defects
The law does not say.
Days out of service
The car may be a lemon if it is out of service for a total of 30 or more business days.
“be out of service for a total of 30 or more business days”
illinoisattorneygeneral.gov
Used vehicles
No. Used cars are not covered by the Illinois lemon law.
“The Lemon Law DOES NOT Cover: • Used Cars;”
illinoisattorneygeneral.gov
Leased vehicles
Yes. New cars that are leased are covered.
“New Cars (purchased or leased);”
illinoisattorneygeneral.gov
Deadlines
Protection period
The first 12 months or first 12,000 miles of ownership, whichever comes first.
“be out of service for a total of 30 or more business days during the first 12 months or first 12,000 miles of ownership, whichever occurs first”
illinoisattorneygeneral.gov
Time limit to file
The Attorney General says a claim must be filed within 12 months from the purchase date.
“waited longer than 12 months from the purchase date, the time period in which Lemon Law complaints must be filed”
illinoisattorneygeneral.gov
Steps
- Keep every repair order. Each visit to the dealer should give you a work order with the date, the mileage, what you reported and what they did. Ask for one every time, even when they find nothing. These papers are your case.
- Check the dates. The first 12 months or first 12,000 miles of ownership, whichever comes first. The Attorney General says a claim must be filed within 12 months from the purchase date.
- Tell the manufacturer in writing. The law asks for written notice. See written notice below.
- Use the dispute program if one is required. See arbitration below for whether you must go there before court.
- Ask for a refund or a replacement, or file. Send the letter, then file before the time limit if the manufacturer will not buy the vehicle back or replace it.
Written notice
The owner must start a claim with the manufacturer's designated representative for the vehicle. A claim cannot be started through the dealer.
“To initiate action under the Lemon Law, contact the designated manufacturer representative for your vehicle.”
illinoisattorneygeneral.gov
Arbitration
Claims go first to the manufacturer's third party dispute program, described in the owner's manual. If the owner is unhappy with the decision, the owner may sue. The manufacturer may not dispute the board's decision.
“Manufacturers establish an Industry Third Party Dispute Resolution Program to evaluate your claim.”
illinoisattorneygeneral.gov
What you get
If the dispute board rules for the owner, the manufacturer replaces the vehicle with one of like or similar value or buys it back, minus a value for the miles driven.
“the manufacturer will buy your vehicle back from you, less the value for miles driven.”
illinoisattorneygeneral.gov
Do it yourself
You can bring a lemon law claim without a lawyer. It takes letters, records and patience. The usual route:
- Put your repair orders in date order and count the attempts and the days out of service.
- Send the manufacturer the letter below, by a tracked method, to the address in your owner's manual or warranty booklet.
- If it offers a final repair, let it try within the time the law gives it.
- If it refuses or does not answer, file with the manufacturer's dispute program or the state program (Office of the Illinois Attorney General, Consumer Protection), then court if you need to.
- Do not sell or trade in the vehicle while the claim is open.
Letter template for Illinois
[Your name] [Your address] [Date] [Manufacturer name] [Address from your owner's manual or warranty booklet] Re: Lemon law claim, [year make model], VIN [VIN] I bought (or leased) this vehicle on [date] from [dealer], in Illinois. It has a defect that the dealer has not been able to fix: [describe it in one or two sentences]. It has been in for repair of this defect [number] times, on [dates], and out of service for a total of [number] days. Copies of the repair orders are enclosed. Under New Vehicle Buyer Protection Act (815 ILCS 380), I ask you to repurchase or replace the vehicle. Please reply in writing within 15 days. I can bring the vehicle in for a final repair attempt if the law gives you one. [Your name] [Phone and email]
What a buyback pays in Illinois
The law asks for a reasonable allowance for your use without a fixed formula. Makers and courts often use the one several states write into law: the price times the miles driven before the first repair visit for the defect, divided by 120,000. For a $40,000 car with 6,000 miles at the first repair and 15,000 now, that is about $2,000.
Questions people ask about Illinois's lemon law
How many repair attempts make a car a lemon in Illinois?
The car may be a lemon if a defect that substantially impairs its use, value, or safety is not fixed in at least four repair attempts for the same problem.
How many days in the shop make a car a lemon in Illinois?
The car may be a lemon if it is out of service for a total of 30 or more business days.
How long does Illinois's lemon law cover a car?
The first 12 months or first 12,000 miles of ownership, whichever comes first.
Which vehicles does Illinois's lemon law cover?
New cars, light trucks and vans under 8,000 pounds, and recreational vehicles (not trailers) bought in Illinois. Motorcycles, boats, and altered or modified vehicles are not covered.
Does Illinois's lemon law cover used cars?
No. Used cars are not covered by the Illinois lemon law.
Does Illinois's lemon law cover leased cars?
Yes. New cars that are leased are covered.
Do I have to tell the manufacturer in writing?
The owner must start a claim with the manufacturer's designated representative for the vehicle. A claim cannot be started through the dealer.
Do I have to go to arbitration before court?
Claims go first to the manufacturer's third party dispute program, described in the owner's manual. If the owner is unhappy with the decision, the owner may sue. The manufacturer may not dispute the board's decision.
How long do I have to file a lemon law claim in Illinois?
The Attorney General says a claim must be filed within 12 months from the purchase date.
What do I get if my car is a lemon in Illinois?
If the dispute board rules for the owner, the manufacturer replaces the vehicle with one of like or similar value or buys it back, minus a value for the miles driven.
How much is taken off a buyback for the miles I drove?
The law asks for a reasonable allowance for your use without a fixed formula. Makers and courts often use the one several states write into law: the price times the miles driven before the first repair visit for the defect, divided by 120,000. For a $40,000 car with 6,000 miles at the first repair and 15,000 now, that is about $2,000.
Who pays the lawyer in a Illinois lemon law case?
Illinois's lemon law has no fee rule, but federal warranty law lets an owner who wins make the maker pay the lawyer.
Can I keep driving my car during a lemon law claim?
Usually, yes. Keep it maintained and insured, and do not sell or trade it in while the claim is open: a buyback needs the car. If the defect makes it unsafe, stop driving it and tell the dealer and the maker in writing.
Do I need a lawyer for a lemon law claim?
No. You can bring a claim yourself. The steps and a letter template are on this page. A lawyer knows what makers offer in cases like yours and what the use deduction should be. Illinois's lemon law has no fee rule, but federal warranty law lets an owner who wins make the maker pay the lawyer.
Find a Illinois lemon law lawyer
The law does not say.
Because the manufacturer usually pays the lawyer's fees when you win, most lemon law lawyers charge you nothing up front. A lawyer also knows what the manufacturer offers in cases like yours and what the use deduction should be.
Send the free case check below and we find a lemon law firm that takes Illinois cases like yours. The firm contacts you, and you decide whether to hire them.
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Who pays the lawyer? Illinois's lemon law has no fee rule, but federal warranty law lets an owner who wins make the maker pay the lawyer.* * So most lemon law lawyers ask nothing up front. Some charge costs, or a share of a settlement: ask before you sign. You never pay us. More
Sources
- 815 ILCS 380, New Vehicle Buyer Protection Act
- Office of the Illinois Attorney General, Consumer Protection
- Magnuson-Moss Warranty Act, 15 U.S.C. § 2310, the federal warranty law that also lets owners recover attorney fees.
Each quote above is copied from the page it links to, checked 2026-10-26. If a page has moved, the citation still finds the law.