The Illinois Lemon Law Basics – The Illinois Lemon Law Does Not Cover Used Vehicles

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.

Krohn & Moss, Ltd. Consumer Law Center® is pleased to comply with state regulations concerning client statements and testimonials:

In order for you to see our client video or read our client statements, please click the green button below. You will be taken directly to the video or client statements.

If you are interested in viewing information about the lawyer/firm’s past results and testimonials about the lawyer/firm, please read and acknowledge the information below.

The information in this section contains information about the lawyer/firm’s past results, testimonials about the lawyer/firm, and statements regarding the lawyer/firm’s quality. The information has not been reviewed or approved by Bar Associations of the states in which the law firm practices.

The facts and circumstances of your case may differ from the matters in which results and testimonials have been provided.

All results of cases handled by the lawyer/firm are not provided and not all clients have given testimonials.

The results and testimonials provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Past results are no guarantee of future results. Every case is different, and each client’s case must be evaluated and handled on its own merits.

The testimonials or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.