The Illinois New Buyer Protection Act Lawyer Manual

The Illinois New Vehicle Buyer Protection Act (Lemon Law) 

Overview   

Persons who purchase a new vehicle for primarily personal, household or family purposes have a remedy against the seller where:

1. The new vehicle fails to conform to all express warranties applicable to such vehicle; and
2. That failure substantially impairs the use, market value or safety of that vehicle. 

"Seller" defined

The Act provides a cause of action against the "seller," defined as the manufacturer, the manufacturer's agent or distributor, or that manufacturer's authorized dealer. 

"New vehicle" defined

Means a passenger car, a second division vehicle weighing under 8,000 pounds, and a recreational vehicle, all as defined in the Illinois Vehicle Code.

The requirement of a written statement

The seller must provide the consumer with a written statement clearly and conspicuously outlined in full detail the consumer's rights under this Act.  This statement must be provided upon delivery of the vehicle to the consumer.

Election required 

The consumer must elect whether to proceed and settle under this Act or to bring a cause of action under the Illinois Commercial Code.  Persons who elect the former are barred from the latter.