If you’ve ever bought a car only to discover it had some unfixable problem, you know what a lemon is. A lemon is a new car that isn’t fully functional for some reason. It can be incredibly frustrating to purchase a new car only to have it malfunction, but luckily the Illinois Lemon Law is designed to protect consumers against this very problem.

What Is a Lemon Law?

A lemon car law is a consumer protection law that ensures refunds for anyone who has a vehicle that has repeated, unfixable issues. There are limits on what type of car qualifies, and these limits vary from state to state, though each state has a lemon law. While these laws are determined at the state level, common factors used to determine whether a vehicle is a lemon include the number of miles driven, major defects, reasonable repair attempts, and number of days spent in the shop.

These laws protect consumers from the risk of purchasing a new vehicle that continues to have the same problems, even after multiple attempts to repair the issue. Under these lemon laws, when a new vehicle is found to be seriously defective and cannot be repaired within a certain period of time or with a fixed number of attempts, the vehicle manufacturer is required to repurchase the vehicle.

The purpose of lemon laws is twofold. First and most obviously, lemon laws help consumers by protecting them and encourage manufacturers to fix defects, and to do so in a timely manner. Secondly, lemon laws help to alert manufacturers to issues indicating potential widespread defects or quality control issues in their vehicles.

What Is the Illinois Lemon Law?

According to the Illinois Attorney General’s Office, the Illinois lemon law covers vehicles that “have a nonconformity that both substantially impairs the use, market value or safety of the vehicle and is not repairable by the dealer or manufacturer in at least four attempts for the same repair” or vehicles that have been out of service for 30 or more business days.

What Vehicles Qualify?

Lemon laws cover most types of vehicles, such as cars, trucks, vans, sports utility vehicles (SUVs), recreational vehicles (RVs) and others. Trucks and vans weighing more than 8,000 pounds aren’t covered in Illinois, nor are RV trailers. While some states also cover boats and motorcycles, Illinois does not. Additionally, some states only cover vehicles that are purchased for personal or family use, rather than for the use of a business.

Do Used Vehicles Qualify for Lemon Law Relief?

In Illinois, used cars do not qualify for lemon law relief. Illinois law also doesn’t cover modified vehicles. A car must be 12 months old or newer, or under 12,000 miles, to qualify for lemon law relief in Illinois.

If My Used Car Is Malfunctioning, What Can I Do?

While the Illinois Lemon Law doesn’t cover used vehicles, there are other laws that protect these consumers. The Magnuson Moss Warranty-Federal Trade Commission Improvements Act is meant to protect consumers against deceptive warranty practices. Based on this law, used cars are sold with an implied warranty covering usage that the seller should be aware of. This can have been voided if the car was sold “as is”.

However, owners of vehicles sold “as-is” may be somewhat protected by a law that took effect in Illinois in 2017. According to the law, used car dealers must provide a limited warranty on these vehicles for the lesser of 15 days or 500 miles.

What Sort of Issues Make a Car a ‘Lemon?’

In Illinois, issues that affect the use, value, or safety of a vehicle may qualify that vehicle as a lemon. This includes engine problems that can’t be fixed, a bad smell you can’t get rid of, or an unfixable paint job.

Additionally, the issue must be inherent to the vehicle. It cannot be due to a modification made by the owner or anyone else, or due to damage or tampering.

Common issues that qualify vehicles as lemons include defects affecting the brakes, airbag defects, problems with the automatic transmission, defective seat belts, problems with the battery or engine, fuel injection system leaks, power steering problems, or sudden acceleration or deceleration.

How Can I Make an Illinois Lemon Law Claim?

Before you can pursue reimbursement or replacement for your lemon vehicle, you must allow the manufacturer or dealership several attempts to try to resolve the issue. Under Illinois lemon law, consumers are required to allow the dealership four attempts. However, if the dealership’s attempts take the car out of use for more than 30 days, consumers may be able to pursue a claim under the lemon law, even if not all attempts have been made.

You will also need to contact your vehicle’s manufacturer, as Illinois lemon law cannot be initiated through the dealer directly. Contact information for the manufacturer can be found in your car’s manual. You must file your claim with the representative less than 12 months after your purchase—any longer than that, and your right to do so will have expired. If the Industry Third Party Dispute Resolution Program put in place by the manufacturer approves your claim, they will determine your compensation. If you’re not satisfied with the compensation amount or type, you may bring a civil action against the manufacturer.

Some consumers have reported being offered a lowball amount for their lemon vehicle. If you believe that the manufacturer has offered you far less than what your vehicle is worth, you may be able to speak with an experienced attorney about your options.

How Can I Prepare to Make a Lemon Law Claim?

If you think you may need to file a lemon law claim, there are a few things to keep in mind. Most importantly, you will need to keep good records. Every issue you have with the vehicle should be recorded, included any recalls, as should any attempts to fix the problem. Keep all receipts and records showing repairs and make sure they are organized and accessible. Keep track of when your vehicle is in the shop and for how long. These records can make the difference between a successful claim and a failure.

Viable evidence in these claims can include things like:

• Service records.
• Communications with your auto dealer/manufacturer.
• Phone records.
• Anything else that might show your vehicle is a qualifying lemon.

What Sort of Compensation Does Lemon Law Provide?

Depending on the judgments made by the Dispute Resolution Program, you may be compensated with a replacement vehicle of similar value or the manufacturer will buy your vehicle back from you, though not at the original price. The miles driven will be taken into account and lower the amount you may receive.

Should I Seek Legal Assistance for My Illinois Lemon Law Claim?

It is strongly recommended by legal professionals and the Illinois Attorney General’s Office that you seek legal guidance if you are planning to file a lemon law claim. There are several different ways to seek compensation for a faulty vehicle, and an experienced attorney can help you decide the best course of action.

Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney who can help you determine if you have a claim, and navigate the complexities of your state’s lemon law.

Join a Free Lemon Law Defective Vehicle Investigation

You may qualify for this Lemon Law investigation under the following circumstances:

• You purchased your vehicle new;
• Your purchased your vehicle in 2018-2020;
• Your vehicle is still under warranty;
• You have taken your vehicle in for repair several times; and
• It is still having the same problem.

(Note: Residents of North Carolina do not qualify for this investigation.)

See if you qualify by filling out the form on this page for a case evaluation by experienced Lemon Law lawyers or call (877) 289-0615.

Get a Free Case Evaluation