What Is the Lemon Law in Illinois for Used Cars?

Buying a used car can be a practical and affordable choice, but what happens if the vehicle turns out to be defective? While Illinois has a Lemon Law, it primarily applies to new vehicles. However, there are still some legal protections available for used car buyers under state and federal laws. This article explains how the Illinois Lemon Law works, its limitations for used cars, and what alternative legal remedies exist for consumers dealing with defective vehicles.

Illinois Lemon Law: Does It Apply to Used Cars?

The Illinois Lemon Law (815 ILCS 380) was enacted to protect consumers who purchase or lease new vehicles that have substantial defects affecting their use, safety, or value. However, the law does not cover most used cars unless they meet specific conditions.

A used car may qualify for protection under the Illinois Lemon Law only if:

• It is still covered under the original manufacturer’s warranty when the defect occurs.
• The defect substantially impairs the vehicle’s use, market value, or safety.
• The manufacturer has been given a reasonable opportunity to repair the issue.

If a used car is outside the original manufacturer’s warranty, the Illinois Lemon Law does not apply, and buyers must seek other legal remedies.

What Vehicles Are Covered Under the Illinois Lemon Law?

The Illinois Lemon Law applies to:

• New cars and light trucks (weighing less than 8,000 pounds).
• Recreational vehicles (RVs) (excluding the interior).
• Vehicles leased or purchased in Illinois for personal or household use.

The law does not apply to:

• Used cars (unless still under the original manufacturer’s warranty).
• Motorcycles, boats, and ATVs.
• Modified or customized vehicles.

For used car buyers, the best way to determine eligibility under the Lemon Law is to check the remaining warranty coverage on the vehicle.

What Is a “Lemon” Under Illinois Law?

A vehicle is considered a lemon under Illinois law if:

1. It has a significant defect that substantially impairs its use, safety, or market value.
2. The defect occurs within one year or 12,000 miles from the original purchase date (whichever comes first).
3. The manufacturer or dealer has had a reasonable number of attempts to fix the issue but has failed.

A reasonable number of repair attempts means:

• Four or more unsuccessful repair attempts for the same issue, OR
• The vehicle has been in the shop for at least 30 cumulative business days for repairs.

If these conditions are met, the consumer may qualify for a refund or replacement vehicle.

Alternative Legal Protections for Used Car Buyers in Illinois

Since the Illinois Lemon Law rarely applies to used cars, consumers must rely on other legal options, including:

1. The Illinois Used Car Warranty Law (815 ILCS 505/2L)

Illinois has a separate law requiring limited warranties for used car sales in some cases. Under this law:

• Dealers selling used cars for $1,500 or more and under 150,000 miles must provide a 15-day or 500-mile warranty (whichever comes first).
• If a covered defect occurs during this period, the dealer must repair the car for free.
• If the dealer fails to fix the issue, the buyer may be entitled to a refund.

This law applies only to dealership sales—private sales are excluded.

2. The Federal Magnuson-Moss Warranty Act

If a used car is sold with a written warranty, the Magnuson-Moss Warranty Act provides federal protections against breaches of warranty. If the dealer or manufacturer fails to honor the warranty, the buyer may take legal action.

3. The Illinois Consumer Fraud and Deceptive Business Practices Act (ICFA)

This law protects consumers from fraudulent and deceptive practices by car dealers, such as:

• Concealing known defects.
• Odometer fraud (rolling back mileage).
• False advertising or misrepresentation.

If a dealer knowingly sells a defective car, the buyer may file a fraud claim under this law.

4. “As-Is” Sales and Dealer Responsibilities

Many used cars are sold “as is,” meaning the buyer assumes all responsibility for repairs. However, even with an “as-is” sale, dealers cannot engage in fraud or intentionally mislead buyers about a car’s condition.

If a dealer lies about a car’s history, conceals damage, or engages in fraud, the buyer may still have legal options under consumer protection laws.

Steps to Take If You Buy a Defective Used Car in Illinois

If you believe you purchased a lemon or a defective used car, follow these steps:

1. Check for a Warranty

• Determine if the vehicle is still under the manufacturer’s original warranty.
• If so, contact the manufacturer or authorized dealership for repairs.

2. Use the Illinois Used Car Warranty (If Applicable)

• If the car is under 150,000 miles and was purchased from a dealer for $1,500 or more, you may have a 15-day/500-mile warranty.
• Contact the dealership and request free repairs.

3. Document the Issue

• Keep detailed records of repairs, receipts, communications with the dealer or manufacturer, and any warranty documents.
• If the car has been in the shop for multiple repair attempts or over 30 days, you may have legal grounds for action.

4. File a Complaint

If the dealer refuses to fix the issue, you can:

• File a complaint with the Illinois Attorney General’s Consumer Protection Division.
• Report the issue to the Better Business Bureau (BBB).
• Contact the Illinois Secretary of State’s Vehicle Services Department.

5. Consider Legal Action

If the dealer engaged in fraud, misrepresentation, or warranty violations, consider consulting a consumer protection attorney. You may be eligible for:

• A refund or vehicle replacement.
• Compensation for repair costs.
• Legal fees covered by the dealer or manufacturer.

Key Takeaways

1. The Illinois Lemon Law primarily protects new car buyers. Used cars are only covered if still under the original manufacturer’s warranty.
2. Used car buyers may be protected by the Illinois Used Car Warranty Law, which requires dealers to offer a 15-day/500-mile warranty for eligible cars.
3. The Magnuson-Moss Warranty Act and Illinois Consumer Fraud laws protect buyers from warranty breaches and fraudulent sales practices.
4. As-is sales limit buyer protections, but dealers cannot engage in fraud or deception.
5. Buyers who purchase a defective used car should document repairs, file complaints, and explore legal options if necessary.

Final Thoughts

While the Illinois Lemon Law does not offer strong protections for used car buyers, there are other legal avenues for consumers dealing with defective vehicles. If you believe you were sold a faulty car, act quickly by checking warranty coverage, contacting the dealer, and filing complaints with consumer protection agencies. If fraud or deception is involved, consider consulting a consumer rights attorney to explore your legal options.