Replacement Vehicle Under Illinois Lemon Law
Illinois Lemon Law remedies include comparable replacement as an alternative to refund — but the manufacturer, not the consumer, elects which one.
815 ILCS 380/3 provides for a comparable replacement vehicle as one of the two statutory outcomes, the other being a cash refund. Importantly, under the statute the manufacturer — not the consumer — elects between them: it “shall either” provide a replacement of like model line (if available) or accept return of the vehicle and refund the purchase price. So while many consumers prefer a refund, the choice is the manufacturer’s, and a negotiated settlement is often how a consumer secures their preferred outcome.
What “comparable” means
- Same model year or newer.
- Same make and model.
- Comparable trim.
- Comparable factory options.
What the manufacturer covers
- Replacement vehicle at no cost beyond what was already paid.
- New sales tax paid by manufacturer.
- New title, registration, license fees.
- Incidental damages refunded.
Why many buyers prefer refund
A refund is often preferred because:
- Vehicles depreciate.
- “Comparable” creates disputes.
- Loss of model flexibility.
- Loan complications.
- Trim/options availability.
Because the manufacturer holds the election, a consumer who wants a refund typically pursues it through negotiation or settlement rather than as a matter of right.
When replacement makes sense
- You specifically love the model.
- The original purchase was deeply customized.
- Vehicle access continuity matters.
Bottom line
Replacement is a legitimate Illinois Lemon Law outcome, but the manufacturer elects between replacement and refund under 815 ILCS 380/3 — so a consumer’s preference is usually secured through negotiation, not by unilateral choice.
Related
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Read → ArticleCash-and-Keep Settlements in Illinois Lemon Law Cases
How cash-and-keep settlements work in Illinois — buyer keeps the vehicle and accepts a cash payment, often when the defect is partially repaired.
Read → ArticleICFA Damages in Illinois Lemon Law Cases
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Read → ArticleRefund Under Illinois Lemon Law
The most common Illinois Lemon Law remedy — full refund of the purchase price plus collateral charges, minus a reasonable use deduction.
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