Illinois Lemon Law rules at a glance
The Illinois New Vehicle Buyer Protection Act is 815 ILCS 380.
| Rule | What Illinois law says | Source |
|---|---|---|
| Statute | 815 ILCS 380 | 815 ILCS 380/1 |
| Vehicles covered | Passenger 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 covered | Business-use vehicles; Second-division vehicles of 8,000 lbs or more; Defects caused by abuse, neglect or unauthorized modification | |
| Protection window | 1 year or 12,000 miles from delivery, whichever comes first | 815 ILCS 380/2(f) |
| 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 Business Days Test | The 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 notice | Direct 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). | |
| Deadline | A lawsuit must be started within 18 months of original delivery (extended by days spent in a dispute program) | 815 ILCS 380/6 |
| Usage deduction | 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)). |
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):
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 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.
| Event | Date | Effect |
|---|---|---|
| Vehicle delivered | Mar 15, 2025 | The protection window starts |
| Protection window ends | March 15, 2026 | Repairs after this date do not count toward the tests |
| Sue by | September 15, 2026 | A 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
- Keep every repair orderEach one proves a repair attempt or a day out of service.
- Send direct written notice to the manufacturerThe presumption applies only after written notice and an opportunity to correct the defect.
- 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.
- Sue within 18 months of deliveryExtended by the days your case was in a dispute program.
Refund, replacement and the Illinois deduction for use
| Remedy | What it includes |
|---|---|
| Replacement | A new vehicle of the same model line if available, or a comparable vehicle. |
| Refund | The 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
| Milestone | Date | What to do |
|---|---|---|
| Statutory warranty period ends (1 year) | Mar 15, 2026 | All 4 repairs or 30 business days must fall before this, or before 12,000 miles |
| Send written notice | As soon as the tests are met | The presumption needs it |
| Lawsuit deadline (18 months) | Sep 15, 2026 | Extended 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.