The Illinois Lemon Law Basics - The Illinois lemon law Does not cover used vehicles

Illinois Lemon Laws and the federal Lemon Law (the Magnuson-Moss Warranty Act) provide for compensation to Illinois consumers of defective automobiles and trucks  and other vehicles and products including motorcycles, RV's, boats, computers and other consumer appliances and products. To qualify under the Illinois Lemon Law or the federal Lemon Law, you must generally have a product that suffered multiple repair attempts under the manufacturer's factory warranty. Lemon Law compensation can include a refund, replacement or cash compensation.

Illinois Lemon Law Summary

The Illinois lemon law covers the following new motor vehicles:

Passenger cars

Motor vehicles with a vehicle weight of under 8,000 pounds that are designed for carrying more than 10 persons or used for living quarters, for pulling or carrying freight, cargo or implements of husbandry

A vehicle purchased or leased by a fire department or fire protection district; and Specified recreational vehicles

The Illinois lemon law does not cover used vehicles.

Warranty Period

The Illinois Lemon law applies to any written express warranty on the vehicle for one year or 12,000 miles driven, whichever is shorter

If the warranty has already expired, the Lemon Law does not apply

The manufacturer or dealer must repair a vehicle in accordance with the warranty if the defect or problem is covered by the warranty and the owner reports it within the warranty period or 12 months after delivery of the vehicle, whichever comes first

As long as the problem is reported within the warranty period, the manufacturer or dealer must make repairs, even if the warranty subsequently runs out

Reasonable number of attempts of repairs

A presumption that a reasonable number of attempts have been undertaken to conform a new vehicle to its express warranties shall arise where, within the statutory warranty period:

The same nonconformity has been subject to repair by the seller, its agents or authorized dealers during the statutory warranty period, 4 or more times, and such nonconformity continues to exist

The vehicle has been out of service by reason of repair of nonconformity

for a total of 30 or more business days during the statutory warranty period

If after a reasonable number of attempts the seller is unable to conform the new vehicle to any of its applicable express warranties, the manufacturer shall

Either provide the consumer with a new vehicle of like model line or otherwise a comparable motor vehicle as a replacement
Accept the return of the vehicle from the consumer and refund to the consumer the full purchase price or lease cost of the new vehicle

The refund cost should include

All collateral charges, less a reasonable allowance for consumer use of the vehicle

The collateral charges do not include taxes paid by the purchaser on the initial purchase of the new vehicle

If the vehicle is converted, modified or altered from the manufacturer's original design, the party which performed the conversion or modification shall be liable under the provisions of the Retailers' Occupation Tax Act.

The Illinois Lemon law has special provisions for vehicles with serious problems:
If the dealer or manufacturer is unable to repair a vehicle's problem after a reasonable number of attempts, the buyer or person leasing the vehicle has a right to go to the manufacturer's arbitration program or to court and seek a replacement vehicle or a full refund of the purchase or lease price

What constitutes a reasonable number of attempts depends on the problem:

A reasonable number is four or more unsuccessful attempts to correct the same problem

More than one unsuccessful attempt to correct a problem that causes a complete failure of the steering or braking system if the defect is likely to cause death or serious bodily harm

Any warranty repairs that cause the vehicle to be out of service for repairs for 30 or more business days

The Magnuson-Moss Warranty Act: If the defects with your vehicle do not meet the requirements of the Lemon Law, you may have claims under other state and federal laws that protect owners of new or used vehicles.

The Magnuson-Moss Warranty act is a Federal Law that protects you if your vehicle is defective and has an express written warranty. The Magnuson-Moss Warranty act applies to your defective vehicle that does not perform as it should. The Magnuson-Moss Warranty act greatly affects the rights of car buyers. a vehicle manufacturer cannot void the warranty on a vehicle due to an after market part unless he can prove that the after market part caused or contributed to the failure in the vehicle as per the Magnuson Moss Warranty Act -15 U.S.C. 2302(C). If your car is a lemon and has a written warranty, the warranter must permit you the choice of either a refund or replacement of the defective car.