Lemon laws in the state of Illinois are dealt with in Illinois Compiled Statutes, Chapter 815, Section 815 ILCS 380/1 et seq. This law is known and may be cited as the New Vehicle Buyer Protection Act.
Nonconformity is defined in Section 815 ILCS 380/2 as a new vehicle’s failure to conform to all express warranties applicable to such vehicle, the failure of which substantially impairs the use, market value or safety of that vehicle. Statutory warranty period ends after a period of one year or 12,000 miles, whichever occurs first after the date of the delivery of a new vehicle to the consumer who purchased or leased it.
Consumer has a remedy available under Section 815 ILCS 380/3, if the seller is unable to conform the new vehicle to any of its applicable express warranties after a reasonable number of attempts. The manufacturer should either:
- provide the consumer with a new vehicle of like model line, if available, or otherwise a comparable motor vehicle as a replacement, or
- 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, including all collateral charges, after deducting a reasonable allowance for consumer use of the vehicle.
815 ILCS 380/2
Definitions
Sec. 2. Definitions. For the purposes of this Act, the following words have the meanings ascribed to them in this Section.
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(d) “Nonconformity” refers to a new vehicle’s failure to conform to all express warranties applicable to such vehicle, which failure substantially impairs the use, market value or safety of that vehicle.
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(f) “Statutory warranty period” means the period of one year or 12,000 miles, whichever occurs first after the date of the delivery of a new vehicle to the consumer who purchased or leased it.
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815 ILCS 380/3
Failure of vehicle to conform; remedies; presumptions
Sec. 3. Failure of vehicle to conform; remedies; presumptions. (a) 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, if available, or otherwise a comparable motor vehicle as a replacement, or 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, including all collateral charges, less a reasonable allowance for consumer use of the vehicle. For purposes of this Section, “collateral charges” does not include taxes paid by the purchaser on the initial purchase of the new vehicle. The retailer who initially sold the vehicle may file a claim for credit for taxes paid pursuant to the terms of Sections 6, 6a, 6b, and 6c of the Retailers’ Occupation Tax Act [35 ILCS 120/6, 35 ILCS 120/6a, 35 ILCS 120/6b and 35 ILCS 120/6c]. Should the vehicle be converted, modified or altered in a way other than the manufacturer’s original design, the party which performed the conversion or modification shall be liable under the provisions of this Act, provided the part or parts causing the vehicle not to perform according to its warranty were altered or modified.
