Illinois · Lemon law · Updated Oct 2026
New Vehicle Buyer Protection Act (Illinois Lemon Law) (815 ILCS 380/1 to 380/8) protects buyers of new vehicles that can't be fixed. Here is what counts as a lemon in Illinois, the notice you must send and what you can get back.
Your vehicle is presumed a lemon if, within the first year or 12,000 miles, the same defect has been repaired 4 or more times and still exists, or the vehicle has been out of service for repairs for a total of 30 or more business days. The defect must substantially impair the vehicle's use, market value or safety. The presumption applies only after the manufacturer has received direct written notice from you (or someone for you) and had a chance to fix the defect.
Period: The statutory warranty period is 1 year or 12,000 miles from delivery, whichever comes first. The repair attempts or days out of service must happen within that period.
Required. Before the presumption can apply, the manufacturer must receive direct written notice of the defect from you or on your behalf and have an opportunity to correct it. Notifying the dealer is not enough; the Attorney General warns that Lemon Law claims cannot be started through the dealer. The statute does not set a mailing method; certified mail with return receipt gives you proof.
Illinois has no state-run program. If the manufacturer has an informal dispute settlement program that meets federal rules (16 CFR Part 703) and told you about it in writing (for example, in the warranty), you must use it before suing for a refund or replacement. If you are unhappy with the result, you can then sue; time spent in the program is added to the lawsuit deadline.
A new replacement vehicle of the same model line (or a comparable vehicle if not available), or a refund of the full purchase price or lease cost, including collateral charges but not the taxes paid on the original purchase (the dealer claims the tax credit from the state instead), minus a reasonable allowance for use. The use allowance is the wear and tear from use before you first reported the defect, plus any later time the car was not in the shop for repair; the statute gives no fixed formula.
Attorney fees: The Illinois Lemon Law itself does not provide for attorney's fees; fees may be available under other laws, such as the federal Magnuson-Moss Warranty Act.
Deadline: A lawsuit under the Act must be filed within 18 months after the vehicle was first delivered to you (815 ILCS 380/6), extended by the number of days your claim was pending in the manufacturer's dispute program (815 ILCS 380/4(b)).
Yes, limited. When a licensed dealer (or public auction) sells most used cars, Illinois law gives an implied warranty that the powertrain will be free of defects for 15 days or 500 miles, whichever comes first; you must notify the seller within 2 business days after that period and pay half the cost of each of the first 2 repairs, up to $100 per repair (815 ILCS 505/2L). It does not apply to vehicles over 150,000 miles, rebuilt or flood titles, vehicles 8,000 lbs or more, or antique/collector vehicles.
Most states require you to tell the manufacturer in writing and give it a last chance to fix the car. Required. Before the presumption can apply, the manufacturer must receive direct written notice of the defect from you or on your behalf and have an opportunity to correct it. Notifying the dealer is not enough; the Attorney General warns that Lemon Law claims cannot be started through the dealer. The statute does not set a mailing method; certified mail with return receipt gives you proof. Fill this in, copy the letter, sign it and send it by certified mail with return receipt. Keep a copy. Nothing you type here is sent to us; the letter is made in your browser.
Your vehicle is presumed a lemon if, within the first year or 12,000 miles, the same defect has been repaired 4 or more times and still exists, or the vehicle has been out of service for repairs for a total of 30 or more business days. The defect must substantially impair the vehicle's use, market value or safety. The presumption applies only after the manufacturer has received direct written notice from you (or someone for you) and had a chance to fix the defect.
The statutory warranty period is 1 year or 12,000 miles from delivery, whichever comes first. The repair attempts or days out of service must happen within that period.
Required. Before the presumption can apply, the manufacturer must receive direct written notice of the defect from you or on your behalf and have an opportunity to correct it. Notifying the dealer is not enough; the Attorney General warns that Lemon Law claims cannot be started through the dealer. The statute does not set a mailing method; certified mail with return receipt gives you proof.
Illinois has no state-run program. If the manufacturer has an informal dispute settlement program that meets federal rules (16 CFR Part 703) and told you about it in writing (for example, in the warranty), you must use it before suing for a refund or replacement. If you are unhappy with the result, you can then sue; time spent in the program is added to the lawsuit deadline.
A new replacement vehicle of the same model line (or a comparable vehicle if not available), or a refund of the full purchase price or lease cost, including collateral charges but not the taxes paid on the original purchase (the dealer claims the tax credit from the state instead), minus a reasonable allowance for use. The use allowance is the wear and tear from use before you first reported the defect, plus any later time the car was not in the shop for repair; the statute gives no fixed formula.
A lawsuit under the Act must be filed within 18 months after the vehicle was first delivered to you (815 ILCS 380/6), extended by the number of days your claim was pending in the manufacturer's dispute program (815 ILCS 380/4(b)).
Yes, limited. When a licensed dealer (or public auction) sells most used cars, Illinois law gives an implied warranty that the powertrain will be free of defects for 15 days or 500 miles, whichever comes first; you must notify the seller within 2 business days after that period and pay half the cost of each of the first 2 repairs, up to $100 per repair (815 ILCS 505/2L). It does not apply to vehicles over 150,000 miles, rebuilt or flood titles, vehicles 8,000 lbs or more, or antique/collector vehicles.
Car not covered, or the period has passed? Federal warranty law may still help, and small claims court can handle smaller repair bills.
Federal warranty lawLast checked: Oct 2026.