Illinois lemon law: when your car is a lemon and how to claim
In Illinois, a new car counts as a lemon after 4 repairs for the same problem or 30 business days in the shop within the first 12 months or 12,000 miles. First, send the manufacturer a written notice: the free letter below does it.
Checked against official sources: Oct 22, 2026
Your next 4 steps in Illinois
Keep every repair order
Get a written repair order at every visit, with the date, mileage and days in the shop. In Illinois, a car is presumed a lemon after 4 repairs for the same problem or 30 business days in the shop.
Send the manufacturer a written notice
Before the presumption can apply, the manufacturer must receive direct written notice of the defect from you or on your behalf and have an opportunity to correct it. Write your notice letter ↓
Let the manufacturer make its final repair attempt
If the manufacturer asks for one more repair after your notice, take the car in and get a repair order.
Ask for a refund or replacement, use arbitration, or call a lawyer
If your manufacturer has a dispute program that meets the state’s rules (check your warranty booklet), you may have to use it first. See the Arbitration section below.
When a car is a lemon in Illinois
Your vehicle is presumed a lemon if, within the first year or 12,000 miles, the same defect has been repaired 4 or more times and still exists, or the vehicle has been out of service for repairs for a total of 30 or more business days. The defect must substantially impair the vehicle's use, market value or safety. The presumption applies only after the manufacturer has received direct written notice from you (or someone for you) and had a chance to fix the defect.
Period: The statutory warranty period is 1 year or 12,000 miles from delivery, whichever comes first. The repair attempts or days out of service must happen within that period.
Is your car a lemon in Illinois? A quick check
Notice to the manufacturer
Required. Before the presumption can apply, the manufacturer must receive direct written notice of the defect from you or on your behalf and have an opportunity to correct it. Notifying the dealer is not enough; the Attorney General warns that Lemon Law claims cannot be started through the dealer. The statute does not set a mailing method; certified mail with return receipt gives you proof.
Arbitration
Maybe — check your warranty booklet for an arbitration program (e.g. BBB AUTO LINE). Illinois has no state-run program. If the manufacturer has an informal dispute settlement program that meets federal rules (16 CFR Part 703) and told you about it in writing (for example, in the warranty), you must use it before suing for a refund or replacement. If you are unhappy with the result, you can then sue; time spent in the program is added to the lawsuit deadline.
Deadline to sue or file in Illinois
A lawsuit under the Act must be filed within 18 months after the vehicle was first delivered to you (815 ILCS 380/6), extended by the number of days your claim was pending in the manufacturer's dispute program (815 ILCS 380/4(b)).
What you can get
A new replacement vehicle of the same model line (or a comparable vehicle if not available), or a refund of the full purchase price or lease cost, including collateral charges but not the taxes paid on the original purchase (the dealer claims the tax credit from the state instead), minus a reasonable allowance for use. The use allowance is the wear and tear from use before you first reported the defect, plus any later time the car was not in the shop for repair; the statute gives no fixed formula.
Attorney fees: The Illinois Lemon Law itself does not provide for attorney's fees; fees may be available under other laws, such as the federal Magnuson-Moss Warranty Act.
Free lemon law notice letter
Most states require you to tell the manufacturer in writing and give it a last chance to fix the car. Fill this in, download the letter, sign it and mail it to the manufacturer. Keep a copy.
Send it by certified mail with return receipt so you have proof, and keep the receipt.
Who to contact
- Office
- Illinois Attorney General, Consumer Protection Division
- Phone
- 800-386-5438
What the law covers
- New vehicles
- Yes
- Used vehicles
- No
- Leased vehicles
- Yes
- Which vehicles
- New passenger cars, light trucks and vans under 8,000 lbs, recreational vehicles (but not camping or travel trailers), and vehicles bought by fire departments. Motorcycles and boats are not covered (per the Attorney General). If a vehicle was converted or modified, the company that did the modification is responsible for defects in the parts it changed.
- Who can claim
- An individual who buys a new vehicle, or leases one for at least 1 year, mainly for personal, family or household use; also fire departments, fire protection districts and township fire departments. Business buyers are not covered.
Used cars in Illinois
Yes, limited. When a licensed dealer (or public auction) sells most used cars, Illinois law gives an implied warranty that the powertrain will be free of defects for 15 days or 500 miles, whichever comes first; you must notify the seller within 2 business days after that period and pay half the cost of each of the first 2 repairs, up to $100 per repair (815 ILCS 505/2L). It does not apply to vehicles over 150,000 miles, rebuilt or flood titles, vehicles 8,000 lbs or more, or antique/collector vehicles.
Good to know
- Illinois has one of the shortest Lemon Law periods: only 1 year or 12,000 miles.
- Vehicles bought or leased by fire departments, fire protection districts and township fire departments are covered.
- If you go forward and settle under the Lemon Law, you give up a separate claim under the Uniform Commercial Code (815 ILCS 380/5).
Questions about Illinois's lemon law
How many repair attempts make a car a lemon in Illinois?
Your vehicle is presumed a lemon if, within the first year or 12,000 miles, the same defect has been repaired 4 or more times and still exists, or the vehicle has been out of service for repairs for a total of 30 or more business days. The defect must substantially impair the vehicle's use, market value or safety. The presumption applies only after the manufacturer has received direct written notice from you (or someone for you) and had a chance to fix the defect.
How long does Illinois's lemon law cover a car?
The statutory warranty period is 1 year or 12,000 miles from delivery, whichever comes first. The repair attempts or days out of service must happen within that period.
Do I have to notify the manufacturer in Illinois?
Required. Before the presumption can apply, the manufacturer must receive direct written notice of the defect from you or on your behalf and have an opportunity to correct it. Notifying the dealer is not enough; the Attorney General warns that Lemon Law claims cannot be started through the dealer. The statute does not set a mailing method; certified mail with return receipt gives you proof.
Do I have to go to arbitration in Illinois?
Illinois has no state-run program. If the manufacturer has an informal dispute settlement program that meets federal rules (16 CFR Part 703) and told you about it in writing (for example, in the warranty), you must use it before suing for a refund or replacement. If you are unhappy with the result, you can then sue; time spent in the program is added to the lawsuit deadline.
What can I get under Illinois's lemon law?
A new replacement vehicle of the same model line (or a comparable vehicle if not available), or a refund of the full purchase price or lease cost, including collateral charges but not the taxes paid on the original purchase (the dealer claims the tax credit from the state instead), minus a reasonable allowance for use. The use allowance is the wear and tear from use before you first reported the defect, plus any later time the car was not in the shop for repair; the statute gives no fixed formula.
Is there a deadline to file a lemon law claim in Illinois?
A lawsuit under the Act must be filed within 18 months after the vehicle was first delivered to you (815 ILCS 380/6), extended by the number of days your claim was pending in the manufacturer's dispute program (815 ILCS 380/4(b)).
Does Illinois's lemon law cover used cars?
Yes, limited. When a licensed dealer (or public auction) sells most used cars, Illinois law gives an implied warranty that the powertrain will be free of defects for 15 days or 500 miles, whichever comes first; you must notify the seller within 2 business days after that period and pay half the cost of each of the first 2 repairs, up to $100 per repair (815 ILCS 505/2L). It does not apply to vehicles over 150,000 miles, rebuilt or flood titles, vehicles 8,000 lbs or more, or antique/collector vehicles.
Car not covered, or the period has passed? Federal warranty law may still help, and small claims court can handle smaller repair bills.
Federal warranty lawSources
- 815 ILCS 380 - New Vehicle Buyer Protection Act (Illinois General Assembly)
- Things You Should Know About... Lemon Law (Illinois Attorney General, 12/23)
- Auto Sales and Repairs - Illinois Attorney General
- 815 ILCS 505/2L - Used motor vehicles; implied warranty of merchantability (Illinois General Assembly)
Last checked: Oct 22, 2026.
Law: New Vehicle Buyer Protection Act (Illinois Lemon Law), 815 ILCS 380/1 to 380/8