The Illinois New Vehicle Buyer Protection Act, commonly called the state’s new-car lemon law, gives buyers and lessees of defective new vehicles a right to a replacement or a refund when the manufacturer cannot fix a covered problem. It is one of the statutes explained in Illinois consumer protection laws. This article covers who and what the Act protects, when a defect qualifies, the remedy available, the dispute-resolution step, and the deadline to sue.
Which buyers and vehicles the Act covers
The Act protects a “consumer,” which 815 ILCS 380/2 defines as an individual who buys, or leases for at least one year, a new vehicle mainly for personal, household, or family use. Fire departments and fire protection districts that buy or lease qualifying vehicles are also covered. Someone who leases for less than a year, or who buys mainly for business use, falls outside the definition.
“New vehicle” is defined broadly. It includes a passenger car, a Second Division motor vehicle weighing under 8,000 pounds (such as many pickups and vans), and most recreational vehicles. Camping trailers and travel trailers are excluded, as are heavier vehicles at or above the 8,000-pound line.
Coverage lasts only for the “statutory warranty period.” The Act sets that period at one year or 12,000 miles from the date the vehicle is delivered, whichever comes first. A defect that first appears after that window closes generally is not covered, so the timing of the first repair visit matters.
When a vehicle qualifies as a lemon
The Act applies to a “nonconformity,” which 815 ILCS 380/2 describes as a failure to meet the manufacturer’s express warranty that substantially impairs the vehicle’s use, market value, or safety. A cosmetic flaw or a minor annoyance that does not reach that threshold does not qualify.
A defect is presumed to have had a “reasonable number of attempts” at repair when, within the statutory warranty period, either the same nonconformity has been subject to repair four or more times, or the vehicle has been out of service for repairs for a total of 30 or more business days, under 815 ILCS 380/3. The Illinois Attorney General’s office describes the same four-repair or 30-business-day standard in its auto buying and repair guidance.
Abuse, neglect, or unauthorized modification of the vehicle is an affirmative defense a manufacturer can raise, so repair records that show routine use and authorized service carry weight.
## Replacement or refund: the Act’s remedy
Once the manufacturer is unable to conform the vehicle after a reasonable number of attempts, 815 ILCS 380/3 requires it to do one of two things: provide a comparable new replacement vehicle, or accept the vehicle back and refund the full purchase price or lease cost, including collateral charges, less a reasonable allowance for the consumer’s use.
Taxes paid on the initial purchase are not treated as “collateral charges” in the refund, though the retailer that sold the vehicle can seek a separate tax credit. The reasonable allowance for use is limited to the amount attributable to wear and tear before the defect was first reported, so mileage driven after the first repair visit does not enlarge the deduction. When a lienholder still has an interest in the vehicle, the refund is paid to the consumer and the lienholder as their respective interests appear.
## The dispute-resolution step before suing
Illinois requires one step before a consumer can enforce the replacement-or-refund remedy in court. Under 815 ILCS 380/4, if the manufacturer has established an informal dispute-settlement procedure, the consumer must use it first. Many manufacturers meet this through a program such as BBB Auto Line.
The procedure only counts when it substantially conforms to the federal standards in 16 CFR Part 703 and the consumer received adequate written notice that the program exists, typically inside the written warranty. If a manufacturer has no qualifying program, the pre-suit requirement does not apply. A consumer who is dissatisfied with the arbitration decision may still bring a civil action, and the decision is admissible as evidence in that lawsuit.
Put the defect in writing to the manufacturer
Send direct written notice describing the nonconformity to the manufacturer, not only the dealer. The Act’s repair presumption does not apply until the manufacturer has received notice and an opportunity to fix the problem.
Document every repair visit
Keep each repair order showing the date, mileage, the problem reported, and how long the vehicle was out of service. These records establish the four-repair or 30-business-day threshold.
Complete the manufacturer's dispute-resolution program
If the manufacturer runs a qualifying informal dispute-settlement procedure and the consumer was notified of it, that program must be used before filing suit.
File a civil action if the dispute is unresolved
A consumer dissatisfied with the outcome can sue to enforce the replacement-or-refund remedy, within the Act’s filing deadline.
815 ILCS 380/6, any action brought under the Act must be commenced within 18 months following the date of original delivery of the vehicle to the consumer.
Because the deadline is measured from delivery, a defect that surfaces late in the statutory warranty period leaves a shorter runway to complete repairs, finish arbitration, and file. Tracking the delivery date alongside the repair history keeps the timeline visible.
## What the Act does not cover
This Act reaches new vehicles only. Illinois protects used-car buyers through a separate and shorter statutory warranty of 15 days or 500 miles on major powertrain components, described in the Attorney General’s auto guidance and covered in detail in the Illinois used car lemon law. Business-use purchases and leases shorter than one year also fall outside the new-vehicle definition.
A defect claim is not the only avenue for a mistreated buyer. A consumer who believes a dealer used deceptive or misleading sales tactics may have a separate remedy under the Illinois Consumer Fraud Act. Buyers can also report a dealer or manufacturer to the state; the process for an Illinois Attorney General complaint explains how consumer complaints are submitted and handled.
Frequently asked questions
Does the Act cover leased vehicles?
Yes, when the lease runs for at least one year and the vehicle is used mainly for personal, household, or family purposes. The refund for a qualifying leased vehicle is based on the lease cost, which under 815 ILCS 380/2 includes deposits, fees, taxes, down payments, and periodic payments.
What if the manufacturer has no arbitration program?
The pre-suit requirement in 815 ILCS 380/4 applies only when the manufacturer has established a qualifying informal dispute-settlement procedure and gave the consumer written notice of it. If no qualifying program exists, a consumer can proceed to a civil action without that step.
Are motorcycles or large trucks covered?
The definition in 815 ILCS 380/2 covers passenger cars, Second Division vehicles under 8,000 pounds, and most recreational vehicles. Vehicles at or above 8,000 pounds and camping or travel trailers are excluded.
How much is deducted from a refund for using the car?
A reasonable allowance for use, which 815 ILCS 380/3 limits to the wear and tear attributable to use before the defect was first reported. Use of the vehicle during later repair periods does not increase the deduction.
Is this the same as the federal lemon law?
No. The federal Magnuson-Moss Warranty Act is separate. It connects to the Illinois Act mainly through the informal dispute-settlement rules: a manufacturer’s program must substantially conform to 16 CFR Part 703 for the pre-suit requirement to apply.
Sources
- 815 ILCS 380/2 (New Vehicle Buyer Protection Act, definitions)
- 815 ILCS 380/3 (remedies and repair presumption)
- 815 ILCS 380/4 (informal dispute settlement)
- 815 ILCS 380/6 (18-month limitation period)
- Illinois Attorney General: Auto Sales and Repairs
- 16 CFR Part 703 (federal informal dispute settlement standards)