Illinois Lemon Law
in DuPage County

By Harry C. Bradley, Esq.

Buying or leasing a new vehicle should mean years of dependable transportation, not repeated trips to the dealership for the same unresolved problem. Unfortunately, some DuPage County drivers discover shortly after purchasing a vehicle that serious defects continue to interfere with its use, value, or safety. When that happens, the Illinois Lemon Law may provide an important legal remedy.

At HC Bradley LLC, we help consumers understand their rights when a new vehicle repeatedly fails to perform as promised. Illinois Lemon Law cases can involve strict requirements, documentation, manufacturer procedures, and deadlines. For drivers throughout DuPage County, including Naperville, Wheaton, Downers Grove, Elmhurst, Lombard, Glen Ellyn, and surrounding communities, understanding those requirements early can make a significant difference.

Call HC Bradley LLC today at 630.453.5159 or fill out the form on this page and we will get back to you shortly.

What Is the Illinois Lemon Law?

The Illinois Lemon Law is formally known as the New Vehicle Buyer Protection Act. It is designed to provide remedies to qualifying consumers when a new vehicle has a defect or condition covered by an express warranty that substantially impairs the vehicle’s use, market value, or safety and the manufacturer or its authorized representatives cannot correct the problem after a reasonable number of attempts.

For purposes of the Act, the statutory warranty period is generally the first 12 months or 12,000 miles after delivery of the vehicle, whichever occurs first. Illinois law includes both qualifying purchasers and consumers who lease a new vehicle for at least one year.

The law can potentially apply to several types of new vehicles, including:

• New passenger cars purchased or leased by qualifying consumers
• Light trucks and vans weighing under 8,000 pounds
• Certain recreational vehicles, with specified exclusions
• Qualifying new vehicles experiencing defects during the statutory warranty period

The Illinois Attorney General explains that the Lemon Law generally does not cover used cars, motorcycles, boats, or certain altered or modified vehicles. Illinois does provide other consumer protections that may apply to some used vehicles, but those protections are different from a claim under the New Vehicle Buyer Protection Act.

When Does a Vehicle Potentially Qualify as a Lemon?

One unsuccessful repair does not automatically make a vehicle a lemon. Illinois law focuses on whether the vehicle has a qualifying “nonconformity”, essentially a failure to comply with an applicable express warranty that substantially impairs its use, market value, or safety, and whether the manufacturer has been given a reasonable opportunity to correct that problem.

The law establishes a presumption that a reasonable number of repair attempts have occurred when, during the statutory warranty period:

• The same nonconformity has been repaired four or more times and continues to exist
• The vehicle has been out of service for repairs for 30 or more business days
• The qualifying repair attempts or out-of-service days occur within the applicable statutory warranty period
• The manufacturer receives the required direct written notification and has an opportunity to correct the alleged defect

These details matter. Four visits to a dealership for four unrelated problems are not necessarily equivalent to four repair attempts involving the same nonconformity. Likewise, simply telling a dealership about a recurring problem is not necessarily the same as providing the manufacturer with the direct written notice contemplated by the statute.

Why Documentation Is So Important in a DuPage County Lemon Law Claim

When we evaluate a potential Illinois Lemon Law claim at HC Bradley LLC, the repair history is often one of the first things that deserves close attention. A consumer may vividly remember returning to the dealership repeatedly, but a legal claim is strengthened by records showing exactly what was reported, when the vehicle was presented for service, what work was performed, and whether the problem returned.

We encourage consumers to retain documents and information such as:

• Every dealership repair order and service invoice
• Dates when the vehicle entered and left the repair facility
• Mileage recorded during each service visit
• Written descriptions of the symptoms reported to the dealership
• Emails, letters, text messages, photographs, videos, and manufacturer communications that relate to the problem

The Illinois Attorney General similarly advises consumers to keep repair receipts and records, including the purpose and date of repairs and the length of time the vehicle remains in the shop.

Call HC Bradley LLC today at 630.453.5159 or fill out the form on this page and we will get back to you shortly.

The Dealer and Manufacturer Are Not Necessarily the Same Thing

One source of confusion we regularly see in vehicle disputes is the assumption that repeatedly speaking with the dealership automatically preserves every Lemon Law right. The dealership performs warranty repairs, but Illinois Lemon Law procedures can also require communication directly with the manufacturer.

Under the statute, the presumption concerning reasonable repair attempts does not apply against the manufacturer, agent, distributor, or dealer unless the manufacturer has received prior direct written notification from or on behalf of the consumer and has been given an opportunity to correct the alleged defect.

The Illinois Attorney General also warns consumers that Lemon Law claims cannot simply be initiated through the dealer and advises consumers to contact the manufacturer’s designated representative. This is one reason we encourage DuPage County vehicle owners experiencing continuing problems to investigate their rights sooner rather than waiting indefinitely for another dealership visit.

Manufacturer Dispute Resolution and Illinois Lemon Law Claims

Some manufacturers maintain informal dispute settlement procedures for warranty disputes. Illinois law provides that when a manufacturer’s qualifying informal settlement procedure exists and the consumer received adequate written notice of it, a consumer may need to use that procedure before pursuing the remedies available under Section 3(a) of the Act.

Consumers should therefore review the warranty booklet and ownership materials provided with the vehicle. Information concerning dispute resolution may be included in those documents.

If the consumer is dissatisfied with the result of an applicable informal dispute settlement procedure, Illinois law allows the consumer to bring a civil action to enforce qualifying rights under the Act. Deciding how to proceed can depend heavily upon the repair history, warranty language, notices provided, manufacturer communications, and the particular facts of the vehicle.

What Can Happen If an Illinois Lemon Law Claim Succeeds?

When the statutory requirements are satisfied and the manufacturer cannot bring the qualifying vehicle into conformity with its applicable express warranties after a reasonable number of attempts, Illinois law provides significant potential remedies.

Depending upon the circumstances, those remedies may include:

• Replacement with a new vehicle of the same model line when available
• Replacement with an otherwise comparable vehicle
• Return of the defective vehicle and refund of the qualifying purchase price
• For leased vehicles, recovery based upon qualifying lease costs
• Applicable collateral charges, subject to the terms and limitations of the statute

A refund is reduced by a reasonable allowance attributable to the consumer’s use of the vehicle. Illinois law generally ties that allowance to wear and tear associated with use before the consumer first reported the nonconformity and certain subsequent periods when the vehicle was not out of service for repairs.

Do Not Assume You Have Unlimited Time to Act

One of the most important things we want DuPage County consumers to understand is that waiting can create serious problems. The statutory warranty period is generally one year or 12,000 miles, whichever occurs first, and an action under the New Vehicle Buyer Protection Act must generally be commenced within 18 months after the vehicle was originally delivered to the consumer.

Every case is different, and other state or federal warranty laws may potentially provide remedies even when a particular situation does not meet the Illinois Lemon Law requirements. That is why we believe a vehicle owner dealing with recurring warranty problems should have the situation reviewed rather than assuming the dealership or manufacturer will eventually resolve everything voluntarily.

Talk to HC Bradley LLC About an Illinois Lemon Law Claim in DuPage County

At HC Bradley LLC, we understand how frustrating it can be to make payments on a new vehicle that repeatedly returns to the repair shop. Our goal is to examine the repair history, identify the applicable warranty and legal issues, and help consumers understand what options may be available based on their individual circumstances.

If your new car, truck, van, or other qualifying vehicle has experienced repeated warranty repairs or has spent an excessive amount of time out of service, contact us before valuable time passes.

Call HC Bradley LLC today at 630.453.5159 or fill out the form on this page and we will get back to you shortly.