We handle cases across the United States. Allen Stewart is licensed to practice law in Texas, California, New York, Pennsylvania, Missouri, North Carolina, Ohio and Arizona.
Understanding Illinois Lemon Law

Illinois’ lemon law, the New Vehicle Buyer Protection Act, covers passenger cars and motor vehicles weighing less than 4 tons designed for carrying more than 10 people such as a large van or minibus.
It also covers vehicles used as living quarters, vehicles that pull freight, cargo or “implements of husbandry (farming and ranching equipment).”
Think you have a lemon, click here to fill out a 30 second form.
The lemon law also covers vehicles that fire departments or fire protection districts purchase, and specified recreational vehicles. The law doesn’t cover used vehicles.
The lemon law protects individuals who purchase or lease vehicles for a year to transport themselves, others and personal property for primarily household purposes. The law also protects fire departments and fire protection districts that buy or lease vehicles.
The state’s lemon law covers any vehicle “nonconformity,” which it defines as a “defect or condition that substantially impairs the use, value, or safety of a new motor vehicle and does not conform to the manufacturer’s express warranty.” The law does not compel manufacturers to repurchase or replace vehicles if the nonconformity “does not substantially impair the use, value, or safety of the motor vehicle, or the nonconformity is the result of abuse, neglect or modification or alteration of the motor vehicle by the purchaser.” For example, the law doesn’t cover annoying rattles or stereo problems, or anything the purchaser does to the vehicle after the point of sale.

The Illinois lemon law compels manufacturers to repurchase or replace a vehicle if they are unable to “conform the vehicle to any of its applicable express warranties” after a reasonable number attempts. Basically, if those who sold you your car can’t fix the issue, they have to provide you either a new vehicle or your money back.
Per the Illinois lemon law, once agreeing to repurchase a vehicle the manufacturer must pay the full purchase price minus a reasonable use allowance. The manufacturer must also pay collateral charges, not including taxes paid by the purchaser. When repurchasing a leased vehicle, the manufacturer must pay the lease cost to the consumer minus the same reasonable use allowance. They must also pay collateral charges and also the pay-off amount to the lessor.
Any replacement vehicle, per the Illinois lemon law, must be a new vehicle of like model line or otherwise comparable.
The Illinois lemon law defines “reasonable number of attempts” as four or more attempts for the same problem without success. The lemon law also defines reasonable attempts to mean it is unreasonable for a car to be in service repair for 30 business days or more. If either condition is met within one year after purchase or within 12,000 miles of operation, the consumer can request repurchase or replacement of the nonconforming vehicle. The consumer must send the manufacturer a letter detailing the alleged defect with the vehicle to satisfy the provisions of the Illinois lemon law.
The Illinois lemon law’s provisions covering refund or replacement don’t apply until the consumer as first resorted to an “informal dispute settlement procedure,” i.e. arbitration.
For more information on arbitration and other frequently asked lemon law questions, click here

The manufacturer must abide by the decision of the arbitrator, while the consumer does not. If dissatisfied with the outcome, a consumer can bring civil action in court. By filing a claim under the Magnuson-Moss Warranty Act, Illinois consumers can hire lawyers who will represent them without the vehicle owner having to pay any attorneys’ fees directly out of their pocket. This is because the federal Act provides that the vehicle manufacturer shall pay the claimants’ reasonable attorneys’ fees if the claimant prevails against the manufacturer. Lemonlawusa.org encourages vehicle owners with a lemon to hire a lemon law attorney. You can bet the car manufacturers have legal counsel at the ready to help defend against lemon law claims both in arbitration and in court.
Ross said clients who win in court against their vehicle’s manufacturer or settle with them outside of court can use their awarded funds for anything they like, including buying a new vehicle to replace their lemon.
Clients who financed their vehicles must continue making their periodic payments throughout their lemon law claim, even if the car is in the shop or otherwise inoperable. Missing your payments can adversely affect your lemon law claim. Luckily if you prevail in court or agree on a settlement, you can use your awarded money to pay off your auto loan. Once you’re freed from your loan you can seek a new vehicle – hopefully one lacking repeated, unfixable problems.
Clients who purchased their vehicle outright or paid it off by the time their lemon law claim resolves can use their awarded money as a down payment on a new vehicle, or to purchase outright a less expensive one. The choice lies entirely with the client.
The Illinois lemon law specifically does not cover used vehicles. Lemon laws in most states only cover vehicles still under their original manufacturer’s warranty, and most used vehicles are resold well after those warranties expire. Contact a lemon law lawyer today, they can help you determine whether or not you have a valid lemon law claim.
Statutes of limitation can keep you from getting your deserved compensation if you don’t act fast. Contact the offices of Allen Stewart, P.C. Our lemon law attorneys can help you navigate the legal system and get you back on the road.
This information brought to you by Allen Stewart P.C.
Illinois Lemon Law FAQs
What are the first steps to take if I believe I have a lemon in Illinois? -
The first step you should always take when you suspect your vehicle is a lemon is to contact a qualified, experience lemon law attorney – the lemon law lawyers of Allen Stewart, P.C. They will guide you through all of the steps to file a lemon law claim. The next step after that will be gathering all paperwork involving your car purchase and subsequent repair attempts, as this paperwork will form the foundation of your lemon law claim.
Do I need to go through arbitration before filing an Illinois Lemon Law lawsuit? +
Per the Illinois lemon law, you must go through arbitration first to be eligible for lemon law remedies.
What documentation is required to file an Illinois Lemon Law claim? +
Lemon law attorneys will ask you for your purchase documents: every scrap and sheet of paper you received as part of buying the vehicle. They will also ask for repair records for every problem you’ve experienced with the vehicle. When bringing your vehicle back to the dealership for repairs, be sure to get copies of records showing their repair efforts.
Can I still file a claim if the defect occurred after the warranty period? +
Lemon law claims must be filed within 18 months of first receiving the vehicle.
What happens to my vehicle if it’s deemed a lemon in Illinois? +
Lemon vehicles are often taken back by the manufacturer, repaired and resold. If the defect is too severe or unfixable, the vehicle is sometimes scrapped.
Are punitive damages allowed under Illinois Lemon Law? +
The Illinois lemon law makes no mention of punitive damages.
Can I recover legal fees if I hire an Illinois Lemon Law attorney? +
The Illinois lemon law does not allow victorious consumers to automatically collect attorney fees from the manufacturer.
What remedies are available under Illinois Lemon Law? +
The Illinois lemon law allows for either repurchase or replacement. Repurchase is effectively a full refund for what you paid for your defective vehicle. Repurchase means the manufacturer repays the consumer the full purchase price of the vehicle, including the actual price, sales taxes, title, registration and other fees. This does not include interest, insurance costs or finance charges. The law also states the manufacturer must pay “reasonable incidental costs resulting from the loss of use of the motor vehicle.” Replacement involves the manufacturer providing a vehicle as identical as possible to the previous one – though hopefully without identical problems.
How long does Illinois Lemon Law coverage last? +
Illinois car consumers have 18 months following the vehicle’s delivery to file a claim.
Does the Illinois Lemon Law apply to used vehicles? +
No. The Illinois lemon law specifically does not cover used vehicles.
What is the Illinois Lemon Law and how does it protect consumers? +
The Illinois lemon law provides consumers the legal means to pursue compensation when their brand new vehicle presents an unfixable, repeating defect. It outlines what remedies are available and how to pursue them.
What constitutes a "lemon" under Illinois law? +
A vehicle with repeating, unfixable defects that the manufacturer fails to repair after four or more attempts or one that has been out of service for defect repair for more than 30 business days.
What steps should I take if I believe my vehicle is a lemon? +
You should contact a qualified, experienced lemon law attorney and explain your situation to them. They will more than likely ask you for all of the documentation of your vehicle purchase, as well as all repair records and your correspondence with the automotive manufacturer.
How can a Lemon Law lawyer assist me with my claim? +
Lemon law lawyers, including the lemon law attorneys of Allen Stewart P.C., have decades of experience taking on automotive manufacturers in and out of court. They know how state and federal lemon laws work, and know how best to navigate your claim from beginning to end. They know what paperwork you need to provide, what needs to be filed and when to file it in time.
What should I look for when choosing a Lemon Law lawyer in Illinois? +
When choosing a lemon law attorney for your Illinois claim, you should find a firm with a demonstrable record of success. The attorneys of Allen Stewart P.C. have decades of experience fighting automotive manufacturers on behalf of their clients. Notably, Allen Stewart P.C. asks for no money up front when you come to them with their claim.
How much does it cost to hire a Lemon Law lawyer? +
Any lemon law lawyer worth talking to won’t ask for money to speak to you: they take their fees from the manufacturer following a successful claim or as a percentage of the settlement.
What are the benefits of hiring a specialized Lemon Law attorney versus a general practice lawyer? +
Lemon law lawyers work with state and federal lemon laws every day; they know the ins and outs of these laws and how to work with each automotive manufacturer to make sure you get the best possible compensation for your claim.
Are there any protections for consumers beyond the Illinois Lemon Law? +
The Magnuson-Moss Warranty Act is a federal law pertaining to warranty coverage that protects all Americans regardless of what state they live in.
Can I sell my car while a Lemon Law case is ongoing in Illinois? +
No. Following a successful lemon law claim, the manufacturer either replaces or repurchases the car from you.
Does the Illinois Lemon Law allow for vehicle replacement or just a refund? +
Yes, replacement is an option following a successful lemon law claim.