What Are the Key Points of
the Lemon Law in DuPage County

By Harry Bradley, Esq.

Purchasing a new vehicle in DuPage County should provide reliable transportation. If your new car, truck, van, or RV develops persistent issues that the dealer cannot resolve, Illinois’ lemon law offers protection. At HC Bradley LLC, we assist DuPage County consumers facing these challenges and often find that many are unaware of their rights. Understanding the law’s key points is essential to securing a refund or replacement vehicle.

Illinois’ lemon law, formally the New Vehicle Buyer Protection Act, applies statewide, not just in DuPage County. However, your location remains important. Unresolved claims are handled in the DuPage County Circuit Court in Wheaton, and local dealership practices and documentation can influence your case. Understanding both the law and local procedures is key to achieving a successful outcome.

Contact HC Bradley LLC at 630.453.5159 or complete the form on this page. We will respond promptly.

The Vehicle Has to Qualify

Not all vehicle purchases are covered. Illinois’ lemon law applies to new passenger cars, light trucks and vans under 8,000 pounds, certain recreational vehicles, and vehicles purchased or leased by fire departments, provided the transaction occurred in Illinois. Used cars, motorcycles, and modified vehicles are excluded, though other remedies may be available under federal warranty law or Illinois consumer fraud statutes. Confirming your vehicle meets the statute’s definition is essential, as mismatches often lead to early dismissal of claims.

The Defect Must Be Substantial, Not Cosmetic

The law does not cover minor issues such as rattles or scratches. To qualify, a defect must substantially impair the vehicle’s use, market value, or safety, and be covered by the manufacturer’s express warranty. Issues like a failing transmission, unpredictable electrical system shutdowns, or unreliable brakes meet this standard. Delaying documentation can weaken your claim, so early and thorough records are important.

There’s a Strict Timeframe

Illinois law requires the defect to appear within 12 months of delivery or within the first 12,000 miles, whichever comes first. This period is often shorter than expected, especially for those with longer manufacturer warranties. If the issue arises after this window, other legal remedies may apply. Early consultation is recommended.

Repair Attempts and the “Reasonable Number” Standard

Manufacturers must be given an opportunity to repair the defect before a vehicle is deemed a lemon. Illinois presumes a reasonable number of attempts if the manufacturer or authorized dealer has tried and failed to fix the same defect at least four times, or if the vehicle has been out of service for repairs for 30 or more business days. While DuPage County’s dealerships often maintain electronic repair records, paperwork can become scattered if you use multiple service locations. Maintaining your own detailed log of dates, mileage, and problem descriptions is highly recommended.

Notice to the Manufacturer

Before taking formal action, Illinois law generally requires you to provide the manufacturer with direct written notice of the defect and an opportunity to address it, beyond bringing the vehicle in for service. Many manufacturers offer informal dispute settlement or arbitration programs, which may be required before litigation. Failing to follow these steps can delay or jeopardize your claim.

What You Can Recover

If a vehicle is confirmed as a lemon, Illinois law entitles the owner to a replacement vehicle of comparable value or a refund of the purchase price, including collateral costs such as taxes, registration, and finance charges, minus a reasonable deduction for mileage before the defect appeared. This deduction is often disputed, and manufacturers may attempt to claim more than allowed.

Keep Thorough Records From Day One

Throughout the lemon law process, thorough documentation is essential. Keep your original purchase or lease contract, all repair orders and invoices, and written records of all communications with the dealership or manufacturer. Organizing this paperwork as soon as a defect appears leads to stronger and faster-resolving claims.

If your new vehicle has spent more time in the shop than on the road, you do not have to handle notice requirements, repair thresholds, and manufacturer responses alone.

Contact HC Bradley LLC at 630.453.5159 or complete the form on this page. We will respond promptly.