Illinois Lemon Law: Repair Tests, Notice & Free Car Check

The short answer

Illinois’ lemon law (the New Vehicle Buyer Protection Act, 815 ILCS 380) requires the manufacturer to replace or refund a new vehicle it cannot fix within 1 year or 12,000 miles. It presumes enough attempts after 4 repairs of the same defect or 30 business days out of service, but only after you send the manufacturer direct written notice. Lawsuits must start within 18 months of delivery.

Illinois gives owners one of the shortest lemon law windows in our verified states, one year or 12,000 miles, and only 18 months from delivery to sue. This guide explains how business days are counted, why written notice comes first, what happens to sales tax, and how to work backward from the deadline, using the New Vehicle Buyer Protection Act (815 ILCS 380).

Repair test
4 repairs
Days test
30 business days
Window
1 yr / 12,000 mi
Written notice
Required
Leases
1 year or more
Deadline
18 months
Loading the Illinois Lemon Law Checker…

Illinois Lemon Law rules at a glance

The Illinois New Vehicle Buyer Protection Act is 815 ILCS 380.

Illinois Lemon Law rules (verified October 13, 2026)
RuleWhat Illinois law saysSource
Statute815 ILCS 380815 ILCS 380/1
Vehicles coveredPassenger cars; Second-division vehicles under 8,000 lbs; Recreational vehicles (except camping and travel trailers that are not used motor vehicles); Vehicles bought or leased for at least 1 year for personal, household or family use; Vehicles bought by fire departments and fire protection districts
Not coveredBusiness-use vehicles; Second-division vehicles of 8,000 lbs or more; Defects caused by abuse, neglect or unauthorized modification
Protection window1 year or 12,000 miles from delivery, whichever comes first815 ILCS 380/2(f)
Four Repairs TestThe same defect was repaired 4 or more times and continues; written notice to the manufacturer and a chance to correct it are required815 ILCS 380/3(b)(1), (h)
30 Business Days TestThe vehicle was out of service for repair 30 or more business days in total; written notice is required (business days)815 ILCS 380/3(b)(2), (h)
Written noticeDirect written notice to the manufacturer, which must have an opportunity to correct the defect before the presumption applies.815 ILCS 380/3(h)
Dispute program first?If the manufacturer has an informal dispute program that substantially follows FTC Rule 703 and you were told about it in writing, you must use it first. Time spent in the program extends the lawsuit deadline (815 ILCS 380/4).
DeadlineA lawsuit must be started within 18 months of original delivery (extended by days spent in a dispute program)815 ILCS 380/6
Usage deductionIllinois deducts a reasonable allowance for wear from use before your first report of the defect, and from later use when the vehicle was not out of service for repair. The Act does not set a fixed formula (815 ILCS 380/3(c)).

The Illinois tests start with written notice

Illinois law presumes the manufacturer had a reasonable number of chances when any one of these tests is met inside the protection window (1 year or 12,000 miles from delivery, whichever comes first):

4×

Four Repairs Test

The same defect was repaired 4 or more times and continues; written notice to the manufacturer and a chance to correct it are required.

815 ILCS 380/3(b)(1), (h)
30

30 Business Days Test

The vehicle was out of service for repair 30 or more business days in total; written notice is required.

815 ILCS 380/3(b)(2), (h)

Illinois counts business days, not calendar days, and the presumption does not apply until the manufacturer has received direct written notice and a chance to correct the defect.

Notice to the manufacturer in Illinois

Direct written notice to the manufacturer, which must have an opportunity to correct the defect before the presumption applies.

In Illinois the presumption applies only after the manufacturer receives direct written notice from you and has a chance to correct the defect (815 ILCS 380/3(h)).

Dispute program first. If the manufacturer has an informal dispute program that substantially follows FTC Rule 703 and you were told about it in writing, you must use it first. Time spent in the program extends the lawsuit deadline (815 ILCS 380/4).

Illinois’ 18-month lawsuit deadline

A lawsuit must be started within 18 months of original delivery (extended by days spent in a dispute program) (815 ILCS 380/6). Days spent in a qualifying dispute program extend that deadline.

Deadline example: new vehicle delivered March 15, 2025, with a 3-year / 36,000-mile warranty and low mileage
EventDateEffect
Vehicle deliveredMar 15, 2025The protection window starts
Protection window endsMarch 15, 2026Repairs after this date do not count toward the tests
Sue bySeptember 15, 2026A lawsuit must be started within 18 months of original delivery (extended by days spent in a dispute program)

With only 18 months from delivery, owners who wait for a fifth or sixth repair often run out of time.

How to file an Illinois lemon law claim

  1. Keep every repair orderEach one proves a repair attempt or a day out of service.
  2. Send direct written notice to the manufacturerThe presumption applies only after written notice and an opportunity to correct the defect.
  3. Use the manufacturer’s dispute program first if it qualifiesIf the program follows FTC Rule 703 and the warranty told you about it, you must use it before the refund or replacement remedy applies.
  4. Sue within 18 months of deliveryExtended by the days your case was in a dispute program.

Refund, replacement and the Illinois deduction for use

Illinois Lemon Law remedies
RemedyWhat it includes
ReplacementA new vehicle of the same model line if available, or a comparable vehicle.
RefundThe full purchase price or lease cost, including collateral charges (but not taxes paid on the purchase), minus a reasonable allowance for use.

Illinois deducts a reasonable allowance for wear from use before your first report of the defect, and from later use when the vehicle was not out of service for repair. The Act does not set a fixed formula (815 ILCS 380/3(c)).

Working backward from Illinois’ 18-month deadline

Example: vehicle delivered March 15, 2025
MilestoneDateWhat to do
Statutory warranty period ends (1 year)Mar 15, 2026All 4 repairs or 30 business days must fall before this, or before 12,000 miles
Send written noticeAs soon as the tests are metThe presumption needs it
Lawsuit deadline (18 months)Sep 15, 2026Extended by days spent in a dispute program

Are taxes refunded in an Illinois buyback?

Not by the manufacturer. Illinois excludes taxes paid on the original purchase from the “collateral charges” the manufacturer refunds; the selling dealer may file for a tax credit under the Retailers’ Occupation Tax Act (815 ILCS 380/3(a)). Lease refunds cover the lease cost, which includes deposits, fees, taxes, down payments and periodic payments.

Illinois also covers vehicles bought or leased by fire departments, fire protection districts and township fire departments.

Used cars are outside the Illinois Act

The Illinois Act protects buyers and lessees of new vehicles. A used car with warranty left is usually outside it; the warranty and federal law still apply. The Illinois Act covers new vehicles only.

Illinois covers personal-use buyers and lessees of at least one year, and also fire departments, fire protection districts and township fire departments.

To test your own dates and repair visits, test your Illinois repair history in the checker.

Illinois Lemon Law FAQs

What qualifies as a lemon in Illinois?

A new vehicle with a warranty defect that substantially impairs use, value or safety, repaired 4 or more times or out of service 30 or more business days within 1 year or 12,000 miles, after you sent the manufacturer direct written notice.

How long do I have to file a lemon law claim in Illinois?

A lawsuit must start within 18 months of original delivery (815 ILCS 380/6), extended by any time spent in a qualifying dispute program.

Does the Illinois lemon law cover used cars?

No. The Act protects buyers and lessees of new vehicles. A used car’s remaining warranty and federal Magnuson-Moss law still apply.

Are taxes refunded under the Illinois lemon law?

Taxes paid on the original purchase are not part of the collateral charges the manufacturer refunds; the selling dealer may claim a tax credit under state tax law.

Does Illinois count calendar days or business days?

Business days: the vehicle must be out of service for 30 or more business days within the statutory warranty period.

Sources

Checked on October 13, 2026. We re-verify Illinois rules when the legislature, the courts or the agency change them. Read how we check every rule in our editorial policy.

  1. 815 ILCS 380/2, definitions
  2. 815 ILCS 380/3, remedies and presumptions
  3. 815 ILCS 380/4, informal dispute settlement
  4. 815 ILCS 380/6, limitation of actions

This page explains the Illinois Lemon Law in general terms. It is not legal advice and LemonLawMap is not a law firm. For advice about your case, contact the Illinois Attorney General’s Consumer Protection Division or a licensed Illinois attorney. Read our full disclaimer.