Lemon Law Illinois: New and Used Car Rights in 2026

Last verified: October 27, 2026 against 815 ILCS 380, 815 ILCS 505/2L and Illinois Attorney General guidance

If you bought a car that keeps breaking down, the lemon law Illinois buyers rely on is the New Vehicle Buyer Protection Act. It gives you a refund or a replacement when the maker cannot fix a serious defect in a new vehicle.

The law is narrower than most people expect. It does not cover used cars, and the clock starts on the delivery date. This page explains what qualifies, how a claim works, what happens with used vehicles and the deadlines that trip people up.

What is the lemon law in Illinois?

It is a state law that makes a manufacturer fix, replace or buy back a new vehicle with a serious defect. The formal name is the New Vehicle Buyer Protection Act, found at 815 ILCS 380, and the Illinois Attorney General explains it to consumers.

A defect counts as a nonconformity when it breaks the written warranty and substantially impairs the vehicle’s use, market value or safety. A rattling trim piece usually does not qualify. A transmission that slips, brakes that fail or an engine that stalls on the road usually does.

What does the lemon law cover in Illinois?

It covers new passenger cars, vans and pickups under 8,000 pounds, and recreational vehicles. Certain camping and travel trailers are excluded. You must be a consumer, meaning an individual who buys or leases the vehicle for at least one year, mainly for personal, family or household use.

Fire departments, fire protection districts and township fire departments also count as consumers under the Act. The Attorney General says the law does not cover motorcycles, boats, altered or modified vehicles, or used cars.

Vehicle type	Covered by the Illinois lemon law?
New car bought or leased in Illinois	Yes
New pickup or van under 8,000 pounds	Yes
New recreational vehicle (motorized)	Yes
Certain camping and travel trailers	No
Motorcycle or boat	No
Used car from a dealer or private seller	No lemon law (see used car rules below)
Vehicle altered or modified after sale	No

How long is the lemon law in Illinois?

The protected period is the first 12 months or 12,000 miles after delivery, whichever comes first. The statute calls this the statutory warranty period, and the defect has to show up inside it.

Separately, you have 18 months from the original delivery date to file a lawsuit under 815 ILCS 380/6. Time spent in the manufacturer’s informal dispute program extends that deadline by the number of days the case was pending. The Attorney General’s brochure tells buyers to act within 12 months of purchase, which is shorter than the statute’s 18 months, so treat 12 months as your target and start in the first year.

What qualifies as a lemon in Illinois?

A vehicle is presumed to be a lemon when the seller has had a reasonable number of chances to fix it. Under 815 ILCS 380/3, that presumption applies in either of two cases within the first 12 months or 12,000 miles.

• The same nonconformity was repaired four or more times and still exists.
• The vehicle was out of service for repairs for a total of 30 or more business days.

The presumption does not apply unless the manufacturer first received direct written notice and a chance to correct the defect. A phone call to the dealer does not satisfy that rule. The statute also gives the maker a defense if the problem came from abuse, neglect or an unauthorized modification.

Illinois has no separate rule that treats a single safety defect as a lemon after one repair. Even a dangerous problem usually has to follow the four-attempt or 30-day path, so keep every repair order.

Lemon law Illinois: how to file a claim

Start with the manufacturer, not the dealer. The Attorney General says claims cannot be started through the dealer, and you should contact the maker’s designated representative listed in your owner’s manual.

• Keep every repair order, receipt and note with the date, mileage and days the vehicle spent in the shop.
• Send the manufacturer a written notice that describes the defect and the repair history. Use certified mail so you have proof.
• Use the manufacturer’s informal dispute program if it has one that meets the Act. Under 815 ILCS 380/4, you must try it first when it qualifies and the seller gave you written notice of it.
• If you disagree with the decision, you can sue. The decision can be used as evidence, and your filing deadline is extended by the days the dispute was pending.
• File suit within 18 months of the original delivery date.

Choosing the lemon law also means you cannot bring a separate Uniform Commercial Code claim for the same problem (815 ILCS 380/5). Talk to a licensed attorney before you pick a path.

Illinois lemon law buyback: what do you get?

You get a comparable replacement vehicle or a refund. The refund covers the purchase price or lease cost, including collateral charges. Taxes paid on the original purchase are excluded from those charges.

The maker can subtract a reasonable allowance for your use. That covers wear before you first reported the defect and any time you drove it between repairs. The statute does not set a fixed per-mile formula, so the number is often the subject of negotiation. Refunds go to you and any lender, according to each one’s interest.

Does Illinois have a lemon law for used cars?

No. The New Vehicle Buyer Protection Act applies only to new vehicles. Used buyers have other protections, and the main one is the used car implied warranty in the Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/2L.

If a licensed Illinois dealer sells you a used car, you get a limited warranty on the powertrain. It runs for 15 calendar days or 500 miles after delivery, whichever comes first. It covers major parts such as the engine, transmission, drive shaft and rear axle. People often call this the 15-day lemon law Illinois dealers must follow.

Used car rule (815 ILCS 505/2L)	What it says
Who is covered	Retail buyers from licensed dealers or public auctions, for sales after July 1, 2017
Length	15 calendar days or 500 miles, whichever comes first
What is covered	Powertrain parts such as engine internals, transmission, drive shaft and rear axle
Your share of repairs	Half of the first two repairs, up to $100 each
Notice	Within 2 business days after the warranty ends
Seller’s limit	Refund of the purchase price when you return the car
Not covered	Over 150,000 miles, rebuilt or flood titles, 8,000 pounds or more, antique or collector vehicles

A dealer cannot erase this warranty with an “as is” box on the Buyers Guide. You can waive it only for a specific defect that the seller discloses and you agree to in a signed, dated statement. A violation is an unlawful practice under the Consumer Fraud Act.

Cars sold by private owners have no 15-day rule. A buyer there may still have a fraud claim if the seller lied about the title, mileage or accident history.

Illinois lemon law timeline: key dates

Date	Event	Source
January 1, 2009	Section 2 definitions last amended (covered vehicles, consumers and warranty period)	Public Act 95-802
July 1, 2017	Used car implied warranty (15 days, 500 miles) begins	Public Act 99-768
August 20, 2021	Section 2L amended to its current text	Public Act 102-538

Example scenarios

A Rockford couple buys a new SUV in March. By September the transmission has been rebuilt three times and a fourth visit fails. The vehicle is inside the 12-month window, the same problem has been repaired four times, and they have written to the maker. This fits the presumption.

A Peoria driver buys a used sedan with 60,000 miles from a licensed dealer. On day 10 the engine starts knocking. There is no lemon law claim, but the 15-day powertrain warranty applies. The driver texts or writes the dealer within the notice window and pays half of the first repair, up to $100.

Myths vs. facts about the Illinois lemon law

Myth	Fact
Illinois has a lemon law for used cars.	Only new vehicles are covered. Used cars get the 15-day, 500-mile powertrain warranty.
You can file the claim at the dealership.	The Attorney General says to contact the maker’s representative, not the dealer.
You have unlimited time.	Defects must appear in 12 months or 12,000 miles, and suits are due within 18 months of delivery.
Any defect makes it a lemon.	The defect must substantially impair use, value or safety.
“As is” voids the used car warranty.	A dealer cannot waive the 15-day warranty with an “as is” box.

What if the lemon law does not apply to you?

You may still have options. A new car outside the 12-month window can have a claim under the written warranty and the Uniform Commercial Code. The federal Magnuson-Moss Warranty Act (15 U.S.C. 2301) also lets you sue over a written warranty, and a court can award attorney fees to a winning consumer.

Misrepresentation, such as a rolled-back odometer or hidden flood damage, can fall under the Consumer Fraud Act. File a complaint with the Attorney General’s office at (800) 386-5438 in Chicago, (800) 243-0618 in Springfield or (800) 243-0607 in Carbondale.

Frequently asked questions

Does Illinois have a lemon law?

Yes. The New Vehicle Buyer Protection Act, 815 ILCS 380, protects buyers and lessees of new cars, light trucks, vans and recreational vehicles. If the maker cannot fix a serious defect that appears in the first 12 months or 12,000 miles, you can seek a replacement or a refund.

What is the lemon law in Illinois for used cars?

The state has no used car lemon law. Instead, a licensed dealer must back the powertrain for 15 calendar days or 500 miles under 815 ILCS 505/2L. You pay half of the first two repairs, up to $100 each, and must give notice within two business days after the warranty ends.

How many repairs make a car a lemon in Illinois?

Four. The same defect repaired four or more times and still present creates a presumption that the maker had a fair chance. Being out of service for 30 or more business days creates the same presumption. Both must happen within the first 12 months or 12,000 miles.

What is the Illinois lemon law statute of limitations?

You must file a lawsuit within 18 months after the vehicle was first delivered to you, under 815 ILCS 380/6. If you use the maker’s informal dispute program, the deadline is extended by the number of days that case was pending.

Can I file a lemon law claim with the dealer?

No. The Attorney General says claims should go to the manufacturer’s designated representative, not the dealer. The maker must receive direct written notice and a chance to fix the problem before the repair presumption applies, so send it by certified mail.

Is a leased car covered by the Illinois lemon law?

Yes. A consumer includes someone who leases a new vehicle for at least one year, mainly for personal, family or household use. The refund for a lease is based on the lease cost, which includes deposits, fees, taxes, down payments and periodic payments.

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