You buy yourself a brand new dream car in Illinois. This new dream machine of yours would, instead of hitting the road, spend its time and your money in an auto repair shop. If this scenario rings bells in your own case, time you took advantage of the Illinois lemon law.

A lemon is a defective car that is found to have numerous or severe defects not readily apparent before its purchase. Any vehicle with these issues can be termed a 'lemon,' and for that matter, any product which has major flaws that render it unfit for its purpose can be described as a 'lemon'.

Here are a few questions most frequently asked by car consumers in Illinois and answers he must take cognizance about. It is possible that you would find answers to some of the questions that keep bugging you about the lemon status of your new vehicle.

How would I know if my new vehicle is a lemon?
According to the Illinois lemon law, a new vehicle is a lemon if:

• It has a nonconformity that substantially impairs its use, market value or safety
• The same nonconformity is not repairable by the dealer or manufacturer in at least four repair attempts 
• The vehicle is out of service for a total of 30 or more business days

Which are the vehicles covered by the Illinois lemon law?
The Illinois lemon law covers:

• New cars purchased or leased
• Light trucks and vans under 8,000 pounds
• Recreational vehicles, excluding their trailers
• Vehicles in their first 12 months or 12,000 miles, whichever occurs first
• Vehicles purchased in Illinois

Which are the vehicles NOT covered by the Illinois lemon law?
The Illinois lemon law DOES NOT cover:

• Used cars
• Altered or modified vehicles
• Motorcycles and boats

How does the Illinois lemon law work?

To get the Illinois lemon law work:

• The consumer must contact a designated manufacturer representative for the lemon vehicle

How does a designated manufacturer representative help me with my lemon vehicle, under the Illinois lemon law?
Under the Illinois lemon law:

• This designated representative will ONLY forward the required information and forms to you
• The Illinois lemon law claims cannot be initiated directly through the dealer

Is there a time frame for filing my claim under the Illinois lemon law?
Under the Illinois lemon law:

• The time period in which an Illinois lemon law complaint has to be filed is 12 months from the date of purchase of the lemon vehicle

Can I proceed under the Illinois lemon law through my car dealer?
Under the Illinois lemon law:

• Your Illinois lemon law claims cannot be initiated directly through your car dealer

Many a consumer has lost his Illinois lemon law protection because he waited longer than 12 months from the purchase date of your lemon vehicle

How do I go about filing my claim under the Illinois lemon law?
Under the Illinois lemon law:

• Never ever believe that you can proceed under the Illinois lemon law through your dealer
• It is extremely important that you file your Illinois lemon law claim with your designated representative before your right to do so expires
• The time period in which an Illinois lemon law complaint has to be filed is 12 months from the date of purchase of the lemon vehicle

What compensations can I expect for my lemon vehicle under the Illinois lemon law?
Under the Illinois lemon law you can expect one of the following compensations:

• A replacement vehicle of similar value
• The manufacturer buys back your vehicle from you, less the value for miles driven

Do I have any other recourse if I fail to get protection under the Illinois lemon law?
If you fail to get protection under the Illinois lemon law there are:

• Other Federal and Illinois laws that deal with contracts and warranties for new products or cars
• Before deciding on a particular course of action, you are required to consult a lemon law attorney
• The lemon law attorney can discuss various alternatives and determine the best course of action for getting your consumer protection against your lemon vehicle

To get the best out of the Illinois lemon law, you should act promptly to try to resolve the problem fairly and quickly to your advantage.

Illinois Lemon Law and the federal Lemon Law (the Magnuson-Moss Warranty Act) provide for compensation to Illinois consumers of defective automobiles and trucks  and other vehicles and products including motorcycles, RV’s, boats, computers and other consumer appliances and products. To qualify under the Illinois Lemon Law or the federal Lemon Law, you must generally have a product that suffered multiple repair attempts under the manufacturer’s factory warranty. Lemon Law compensation can include a refund, replacement or cash compensation.

Illinois Lemon Law Summary

The Illinois lemon law covers the following new motor vehicles:

• Passenger cars
• Motor vehicles with a vehicle weight of under 8,000 pounds that are designed for carrying more than 10 persons or used for living quarters, for pulling or carrying freight, cargo or implements of husbandry
• A vehicle purchased or leased by a fire department or fire protection district; and Specified recreational vehicles

The Illinois lemon law does not cover used vehicles.

Warranty Period

• The Illinois Lemon law applies to any written express warranty on the vehicle for one year or 12,000 miles driven, whichever is shorter
• If the warranty has already expired, the Lemon Law does not apply
• The manufacturer or dealer must repair a vehicle in accordance with the warranty if the defect or problem is covered by the warranty and the owner reports it within the warranty period or 12 months after delivery of the vehicle, whichever comes first
• As long as the problem is reported within the warranty period, the manufacturer or dealer must make repairs, even if the warranty subsequently runs out

Reasonable number of attempts of repairs

A presumption that a reasonable number of attempts have been undertaken to conform a new vehicle to its express warranties shall arise where, within the statutory warranty period:

• The same nonconformity has been subject to repair by the seller, its agents or authorized dealers during the statutory warranty period, 4 or more times, and such nonconformity continues to exist
• The vehicle has been out of service by reason of repair of nonconformity for a total of 30 or more business days during the statutory warranty period

If after a reasonable number of attempts the seller is unable to conform the new vehicle to any of its applicable express warranties, the manufacturer shall

• Either provide the consumer with a new vehicle of like model line or otherwise a comparable motor vehicle as a replacement
• Accept the return of the vehicle from the consumer and refund to the consumer the full purchase price or lease cost of the new vehicle

The refund cost should include

• All collateral charges, less a reasonable allowance for consumer use of the vehicle
• The collateral charges do not include taxes paid by the purchaser on the initial purchase of the new vehicle

If the vehicle is converted, modified or altered from the manufacturer's original design, the party which performed the conversion or modification shall be liable under the provisions of the Retailers' Occupation Tax Act.

The Illinois Lemon law has special provisions for vehicles with serious problems:

• If the dealer or manufacturer is unable to repair a vehicle's problem after a reasonable number of attempts, the buyer or person leasing the vehicle has a right to go to the manufacturer's arbitration program or to court and seek a replacement vehicle or a full refund of the purchase or lease price

What constitutes a reasonable number of attempts depends on the problem:

• A reasonable number is four or more unsuccessful attempts to correct the same problem
• More than one unsuccessful attempt to correct a problem that causes a complete failure of the steering or braking system if the defect is likely to cause death or serious bodily harm
• Any warranty repairs that cause the vehicle to be out of service for repairs for 30 or more business days

Disclaimer: This information is not intended as legal advice. Please direct your specific questions to K&M attorneys and know more about your lemon law rights. If you want to pursue your lemon law claim, call 1-800 US LEMON® (800-875-3666) toll free, to reach Krohn & Moss for your FREE initial consultation. Or submit your information online for your free case evaluation.

It may not always be a happy story when you purchase a new vehicle. Your brand new car may be spending more time at the dealership then in your possession. If your new vehicle is shuttling between the dealership and your home, it may be time to seek the protection afforded to you by the Illinois New Vehicle Buyers Protection Act which is more commonly referred to as the “Lemon Law.”

A vehicle is a lemon under the Illinois lemon law if:

• It has a nonconformity that substantially impairs its use, market value or safety; and
• The nonconformity is not repaired by the dealer/manufacturer after at least four (4) repair attempts within the first 12 months or 12,000 miles, whichever occurs first; or
• Your vehicle is at an authorized dealership for repairs for a total of thirty (30) or more business days within the first 12 months or 12,000 miles, whichever occurs first.

The Illinois lemon law protects:

• Newly purchased or leased automobiles;
• Light trucks and vans under 8,000 pounds;
• Recreational vehicles excluding its trailers; and
• Vehicles purchased only in Illinois.

The Illinois lemon law DOES NOT cover:

• Used Automobiles;
• Altered or modified vehicles; and
• Motorcycles and boats.

Compensation if you win your Illinois lemon law claim

• A replacement vehicle; or
• A refund of the purchase price of your vehicle.

Options other than the Illinois lemon law: There is in place federal legislation to deal with warranties for new and used consumer products should you fall outside the parameters of the Illinois Lemon Law.  The Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301, et. seq. (“Magnuson-Moss”) is one such law that is widely utilized should you fall short of being protected by the Illinois Lemon Law. Before deciding on a particular course of action, you should definitely consult an attorney who is knowledgeable in the area of both the Lemon Law and Magnuson-Moss to discuss your best option and to determine what your actual rights are against the manufacturer of your vehicle.

Most importantly, document all the events relating to your vehicle.  Make sure to receive and retain repair receipts each and every time you bring your vehicle to a dealership for repairs. These records are critical to your success.