The Illinois New Vehicle Buyer Protection Act (815 ILCS 380)

The Illinois New Vehicle Buyer Protection Act is codified at 815 ILCS 380. It’s the state’s lemon law, focused on refund or replacement remedies for defective new vehicles. Unlike Florida’s arbitration-driven model or Texas’s TxDMV administrative process, Illinois enforces its lemon law through court action — there’s no state administrative arbitration program.

The core promise

815 ILCS 380/3 requires a manufacturer to refund or replace a new motor vehicle when:

• The manufacturer (or its authorized agent) cannot repair a defect that “substantially impairs” the use or market value of the vehicle within a reasonable number of attempts; AND
• The defect was reported during the 12-month / 12,000-mile statutory warranty period; AND
• The buyer gave the manufacturer written notice and an opportunity to cure; AND
• The action is commenced within 18 months of original delivery (815 ILCS 380/3).

Under the statute, the manufacturer — not the consumer — makes the election between replacement and refund: it “shall either provide the consumer with a new vehicle of like model line (if available) or a comparable replacement, or accept the return of the vehicle and refund the full purchase price (or lease cost), less a reasonable allowance for the consumer’s use.”

Who’s covered

The Act covers:

• New motor vehicles purchased or leased in Illinois.
• Vehicles primarily for personal, family, or household use.
• GVW under 8,000 lbs.
• Demonstrators sold under new-vehicle warranties.

The Act does NOT primarily cover:

• Motorcycles (covered under broader consumer-protection law).
• Motor homes (limited coverage).
• Off-road vehicles.
• Commercial-use vehicles.

For excluded vehicles, ICFA and Magnuson-Moss may still apply.

The 12-month / 12,000-mile statutory warranty period

Illinois’s statutory warranty period — the period in which the defect must arise and the repair attempts must occur — is 12 months from delivery OR 12,000 miles, whichever first. This is the shortest such period among the major-state lemon laws — California has no rigid time window beyond the 4-year SOL, Texas and Florida have 24 months, New York has 2 years.

Key implications:

• A vehicle delivered in May 2026 has its statutory warranty period run through May 2027.
• A high-mileage driver may reach 12,000 miles in 6 months — at that point, the statutory warranty period closes.

Note that this warranty period is separate from the 18-month suit-commencement deadline under 815 ILCS 380/3: a qualifying consumer can still file suit after the warranty period closes, but no Lemon Law action may be commenced more than 18 months after original delivery. After 18 months, ICFA and Magnuson-Moss remain available with their own longer timing rules.

What “substantial impairment” means

815 ILCS 380/2(f) defines a “nonconformity” as a defect that “substantially impairs the use or market value” of the vehicle.

See our qualifying defects guide for the categories most often litigated.

What “reasonable number of attempts” means

815 ILCS 380/3 creates a presumption when:

• Four or more repair attempts for the same nonconformity, OR
• 30 or more cumulative business days out of service for repair during the statutory warranty period.

The statute counts business days, not calendar days. The consumer must give the manufacturer written notice and an opportunity to cure. See our repair-attempt presumption article.

What you can recover under the Act

A successful Illinois Lemon Law case yields one of two outcomes — and the manufacturer chooses which:

• Replacement — a new vehicle of like model line (if available) or a comparable replacement; OR
• Refund — purchase price plus collateral charges, minus a reasonable use deduction.

The consumer does not get to pick between replacement and refund; under 815 ILCS 380/3 the manufacturer “shall either” provide the replacement or accept return and refund. Reimbursement of incidental damages may also be available.

What the Act does NOT include

Notably, the Illinois New Vehicle Buyer Protection Act does not include:

• Statutory attorney-fee shifting (unlike California’s § 1794(d) or New York’s § 198-a(l)).
• Treble damages multiplier (unlike Texas’s DTPA).
• State administrative arbitration program (unlike Florida’s NMVA Board or NY’s AG arbitration).

For attorney fees and damages enhancement, consumers pursue parallel ICFA civil-court actions.

The court action

Illinois Lemon Law cases are pursued in court — typically Cook County Circuit Court for Cook County residents, or the appropriate circuit court in other counties. Most cases settle before trial.

How Illinois compares to other states

Feature	Illinois	California	Texas	Florida	New York
Enforcement	Court only	Court	TxDMV admin	Mfr arb → NMVA	Court OR AG arb
Warranty period / filing	12 mo / 12K mi; suit within 18 mo	4-yr SOL	24 mo / 24K mi (file within 6 mo of earliest trigger)	24 months	2 yr / 18K mi
Statutory attorney fees in lemon law	No	Yes	No	No	Yes
State consumer-protection act	ICFA (treble)	None equivalent	DTPA (treble)	FDUTPA	§ 349 (up to 3×)

Illinois’s window is the tightest, but ICFA’s treble damages and mandatory attorney fees produce competitive overall recovery when paired with the Lemon Law.

Bottom line

The Illinois New Vehicle Buyer Protection Act gives consumers a court-driven path to refund or replacement — with the manufacturer electing between the two — when a defect arises within the tight 12-month / 12,000-mile statutory warranty period, provided suit is commenced within 18 months of delivery. The Act itself doesn’t shift attorney fees — ICFA and Magnuson-Moss provide that. Most successful Illinois cases plead all three statutes together.

Related

Article

Illinois Consumer Fraud and Deceptive Business Practices Act (ICFA)

How ICFA overlays the Illinois Lemon Law — providing treble damages, mandatory attorney fees, and a civil-court alternative when the Lemon Law's remedies aren't enough.

Read → Article

The Magnuson-Moss Warranty Act in Illinois Cases

How the federal Magnuson-Moss Warranty Act applies to Illinois lemon-law cases — federal-court access, attorney fees, and the longest limitations runway.

Read → Article

Illinois Repair-Attempt Presumption (815 ILCS 380/3)

Illinois's Lemon Law thresholds — four repair attempts or 30 cumulative BUSINESS days out of service — that trigger refund or replacement rights.

Read → Article

Illinois Lemon Law Statute of Limitations

How long you have to file an Illinois lemon-law claim — the 12-month/12,000-mile statutory warranty period, the 18-month suit-commencement deadline, ICFA's 3-year limit, and Magnuson-Moss's 4-year period.

Read →