Illinois Lemon Law
A plain-English guide to Illinois's New Vehicle Buyer Protection Act (815 ILCS 380), the Illinois Consumer Fraud and Deceptive Business Practices Act, and the path to refund or replacement.
Illinois’s lemon law is called the New Vehicle Buyer Protection Act, codified at 815 ILCS 380. It’s a court-driven framework — there’s no Illinois state administrative arbitration program (unlike Florida’s NMVA Board or New York’s AG arbitration). Consumers can choose between voluntary BBB Auto Line (if the manufacturer participates) or filing a lawsuit in Illinois state court.
This page is the hub for our Illinois coverage. Use the topic guides for deeper reading:
- The Law — The Illinois New Vehicle Buyer Protection Act, the Illinois Consumer Fraud Act (ICFA), Magnuson-Moss, repair-attempt presumption, and statute of limitations.
- The Process — Documented repair attempts, manufacturer notice, court action, and ICFA-parallel claims.
- Remedies — Refund, replacement, ICFA treble damages, and attorney-fee recovery.
- Qualifying Defects — Defect categories that meet Illinois’s “substantially impair” test.
- Vehicle Types — Used vehicles, leases, EVs, motorcycles, RVs, and commercial vehicles.
- Manufacturers — Common case patterns by brand in the Illinois market.
- FAQ — Common questions about Illinois lemon-law claims.
Who’s protected
Illinois’s New Vehicle Buyer Protection Act covers:
- New motor vehicles purchased or leased in Illinois for personal, family, or household use, with GVW under 8,000 lbs.
- Demonstrators sold under new-vehicle warranties.
- Subsequent transferees within the warranty period.
Vehicles used primarily for commercial purposes are excluded. The statute also excludes motorcycles, motor homes, and certain off-road vehicles from primary coverage — those buyers rely on the Illinois Consumer Fraud Act and Magnuson-Moss.
The 12-month / 12,000-mile statutory warranty period
Illinois’s statutory warranty period is 12 months from delivery OR 12,000 miles, whichever first — the period during which the defect must arise and the repair attempts must occur. This is shorter than most major states — California, Texas, Florida, and New York all provide longer periods. Separately, any Lemon Law suit must be commenced within 18 months of original delivery (815 ILCS 380/3).
Within the statutory warranty period:
- Lemon Law refund or replacement is available.
- Manufacturer arbitration (BBB Auto Line) is optional.
- Court action can be filed.
- Parallel ICFA and Magnuson-Moss claims remain available.
Once the 18-month suit-commencement deadline passes, the New Vehicle Buyer Protection Act is closed, but ICFA (3-year limit) and Magnuson-Moss (4-year limit) civil-court actions still apply.
The “reasonable number of attempts” test
Illinois applies thresholds under 815 ILCS 380/3:
- Four or more repair attempts for the same nonconformity; OR
- 30 or more cumulative business days out of service for repair.
The statute counts business days, not calendar days. The consumer must give the manufacturer written notice and a final opportunity to repair. If the presumption is established, the manufacturer elects whether to provide a replacement or a refund. See our repair-attempt presumption article.
What you can recover
A successful Illinois Lemon Law case typically produces:
- Refund — purchase price, taxes, fees, financing charges, minus reasonable use deduction.
- Replacement — comparable new vehicle.
- Reimbursement of incidental damages.
Notably, the New Vehicle Buyer Protection Act itself does NOT include statutory attorney-fee shifting (unlike California’s § 1794(d) or New York’s § 198-a(l)).
Attorney fees come from parallel claims under the Illinois Consumer Fraud Act (815 ILCS 505/10a(c)) or Magnuson-Moss.
The ICFA two-track approach
Most experienced Illinois lemon-law strategy combines:
- New Vehicle Buyer Protection Act for refund or replacement.
- Illinois Consumer Fraud Act for treble damages and attorney fees.
ICFA actions in civil court provide:
- Actual damages.
- Treble damages for willful violations.
- Mandatory attorney fees under 815 ILCS 505/10a(c).
This combination is what makes Illinois lemon-law cases economically viable for consumers and the lemon-law plaintiff’s bar.
What to do next
If you think you might have an Illinois lemon:
- Document everything. Keep every repair order. See our evidence guide.
- Stay within the 12-month / 12,000-mile window. This is tight — don’t delay.
- Send written notice to the manufacturer. See how to file a claim.
- Decide between BBB Auto Line and court action — court action with parallel ICFA claims typically produces better outcomes.
- Get a free case review from an Illinois lemon-law attorney.
Explore Illinois lemon law
The Law: Illinois Lemon Law and ICFA
The statutes behind an Illinois lemon-law claim — the New Vehicle Buyer Protection Act (815 ILCS 380), the Illinois Consumer Fraud Act (815 ILCS 505), Magnuson-Moss, and timing rules.
Read → TopicThe Illinois Lemon Law Process
Step-by-step: how an Illinois lemon-law case moves from repair attempts through manufacturer notice, BBB Auto Line arbitration (optional), court action, and settlement.
Read → TopicIllinois Lemon Law Remedies
What you can recover under Illinois's lemon-law framework — refund, replacement, cash-and-keep settlements, ICFA treble damages, and ICFA attorney-fee recovery.
Read → TopicQualifying Defects Under Illinois Lemon Law
What kinds of vehicle defects qualify for an Illinois Lemon Law refund — the substantial-impairment test under 815 ILCS 380 and common defect categories.
Read → TopicVehicle Types Covered by Illinois Lemon Law
How Illinois's Lemon Law applies to used cars, leases, EVs, motorcycles, RVs, and commercial vehicles.
Read → TopicIllinois Lemon Law Cases by Manufacturer
How the Illinois Lemon Law and ICFA apply to specific manufacturers — characteristic defect patterns, TSB histories, and settlement dynamics.
Read → TopicIllinois Lemon Law — Frequently Asked Questions
Quick answers to the most-asked questions about Illinois's Lemon Law and ICFA.
Read →Reviewed by
Editorial team, findlemonlaw.com
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