Lemon laws are state laws in the US that provide legal rights to vehicle buyers, protecting them in the case of quality or performance issues with their purchased vehicles. Each state has its own lemon law, and in Illinois, this is called the New Vehicle Buyer Protection Act. This law covers new cars (purchased or leased), light trucks and vans under 8,000 pounds, and recreational vehicles (excluding trailers). The vehicles must have been purchased in Illinois and used primarily for personal, family, or household purposes. For a car to be considered a lemon, it must have a non-conformity that substantially impairs its use, safety, or market value, and the dealer or manufacturer must have attempted to repair this non-conformity at least four times without success, or the car must have been out of service for a total of 30 or more business days.
Characteristics | Values |
---|---|
Location | Illinois |
Vehicle Type | Cars, light trucks and vans, recreational vehicles (excluding trailers) |
Weight | Under 8,000 pounds |
Vehicle Use | Personal, family, or household purposes |
Vehicle Condition | New |
Non-conformity | Impairment of use, safety, or market value |
Repair Attempts | At least 4 attempts for the same repair |
Out of Service Days | Total of 30 or more business days |
Coverage Period | 1 year or 12,000 miles, whichever comes first |
Exclusions | Motorcycles, boats, altered or modified vehicles |
What You'll Learn
Cars, light trucks and vans under 8000 pounds
In Illinois, the state's lemon law is called the New Vehicle Buyer Protection Act, which provides legal protection to consumers who purchase defective new vehicles. To qualify for protection, the vehicles must have been purchased or leased in Illinois and used primarily for personal, family, or household purposes.
Vehicles that are covered by the law include cars, light trucks, and vans that weigh under 8,000 pounds, as well as recreational vehicles (excluding trailers). The law also covers vehicles used by fire departments or fire protection districts.
For a vehicle to be considered a lemon under Illinois law, it must meet the following criteria:
- It must have a non-conformity that substantially impairs its use, safety, or market value. Non-conformity refers to issues that do not comply with the manufacturer's express warranty.
- The dealer or manufacturer must have attempted to repair the same non-conformity at least four times, and the issue must persist.
- The vehicle must have been out of service for a total of 30 or more business days due to repairs.
It is important to note that the Illinois Lemon Law does not cover used, altered, or modified vehicles, motorcycles, or boats. The coverage period for lemon law protection in Illinois is one year or 12,000 miles, whichever comes first, after the delivery of the vehicle.
If a consumer believes their vehicle is a lemon, they should take it to the manufacturer or a manufacturer-authorized agent for repair. The manufacturer is entitled to a reasonable number of repair attempts within the statutory warranty period. Consumers should keep detailed records of all repair attempts as they may need this documentation for the lemon law claim process.
If the manufacturer fails to repair the vehicle, the consumer can request a repurchase or a replacement vehicle. This process typically involves sending a written letter to the manufacturer, informing them of the vehicle's defect, and then filing a claim with the manufacturer's informal dispute settlement program, also known as arbitration. Consumers have the right to reject any settlement offers they deem unsatisfactory and pursue legal action if necessary.
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Recreational vehicles (excluding trailers)
Recreational vehicles (RVs) are covered under lemon laws in most states. Lemon laws are designed to protect consumers who purchase defective vehicles and offer them legal recourse to seek compensation. While lemon laws vary by state, they generally require manufacturers or dealers to repair defects covered under the warranty within a reasonable number of attempts. If the issues persist and meet specific criteria, the law allows consumers to apply their lemon law rights and seek remedies such as a refund, replacement, or cash compensation.
In the United States, each state has its own set of rules around what qualifies as a lemon and what consumers are entitled to. For example, in California, RV lemon law covers both the chassis and the living quarters of the RV. If an RV is deemed a lemon, the manufacturer may be required to replace the vehicle or refund the purchase price. However, the camper lemon law in California only applies if the vehicle is primarily used for family, personal, or household purposes.
It is important to note that some states have separate lemon laws for RVs, while others include them under general automotive lemon laws. For instance, in Texas, the lemon law for RVs is part of their general lemon law, so all the requirements for normal vehicles apply to RVs.
To determine if your RV qualifies as a lemon, it is recommended to consult with a specialised RV lemon law attorney who can guide you through the specific regulations in your jurisdiction and help you understand your rights. They can also assist in negotiating with manufacturers and dealers on your behalf to ensure you receive fair compensation.
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Fire department and fire protection district vehicles
Fire departments and fire protection districts are covered by lemon laws in certain states. For example, in Illinois, the lemon law includes:
> "...a fire department, fire protection district, or township fire department that purchases or leases for a period of at least one year a new vehicle from the seller."
The Illinois lemon law also specifies that a "new vehicle" includes:
> "...a vehicle purchased by a fire department, a fire protection district, or a township fire department..."
Lemon laws are consumer protection laws that apply to new car purchases in most states, but some states also have used car lemon laws. These laws require that an auto manufacturer repurchase a vehicle that has a significant defect that the manufacturer is unable to repair within a reasonable amount of time. The dealership has no obligation to buy back the vehicle, only the manufacturer.
Lemon laws consider the nature of the problem, the number of days the vehicle is unavailable for service, and the number of repair attempts made. If repairs cannot be completed within the time period specified by the state, the manufacturer becomes obligated to buy back the defective vehicle.
In addition to vehicles, lemon laws can also cover other consumer goods, such as electronics and appliances. These laws provide a remedy for purchasers by compensating for products that repeatedly fail to meet standards of quality and performance.
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Exclusions: motorcycles, boats, altered or modified vehicles
Lemon laws are consumer protection laws that provide a remedy for purchasers of defective cars and other goods. While the lemon law covers a wide range of vehicles, there are some exclusions and limitations to what constitutes a "lemon".
Motorcycles are generally excluded from lemon laws, although they are considered motor vehicles. Only a few states, like Connecticut, explicitly include motorcycles in their lemon laws. In the absence of specific state legislation, motorcycle owners can seek compensation under the federal Magnuson-Moss Warranty Act, which covers any consumer product costing more than $10.
Boats are also not typically covered by lemon laws, which primarily focus on road vehicles. However, California's lemon law, the Song-Beverly Consumer Warranty Act, is an exception as it covers a broad range of products, including boats.
Altered or modified vehicles are generally not covered by lemon laws. These laws are designed to address manufacturer defects, so if a vehicle has been modified after purchase, it may no longer be eligible for protection. Illinois, for example, specifically excludes modified vehicles from its lemon law.
Additionally, it's important to note that lemon laws vary by state, and some states have specific exclusions or limitations. For instance, Alabama and Colorado lemon laws exclude motorhomes, while other states have weight limits that exclude most RVs from coverage. Some states also have different standards for new and used vehicles, with used cars often having stricter requirements to qualify as lemons.
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New vehicles (purchased or leased)
Lemon laws are consumer protection laws that apply to new car purchases, but some states, including California, Texas, and New York, have used car lemon laws. While most states' lemon laws cover leased vehicles, Nevada and New Mexico legislation does not include leases.
Lemon laws require that an auto manufacturer repurchase a vehicle that has a significant defect that the manufacturer is unable to repair within a reasonable amount of time. Lemon laws consider the nature of the problem with the vehicle, the number of days the vehicle is unavailable to the consumer for service of the same mechanical issue, and the number of repair attempts made.
In the US, each state has its own lemon law, and the specifics of each law vary by state. Some states cover new but not used vehicles, while other states cover new, used, and leased vehicles.
Alabama
The lemon law in Alabama applies to new vehicles, but not motor homes or vehicles over 10,000 pounds. If your car encounters a problem that makes it hard to use, decreases its value, or makes it unsafe within the first year or 12,000 miles, you may be entitled to a refund or replacement. Repairs must take place within 24 months of delivery of the vehicle or 24,000 miles.
Alaska
Alaska's lemon law applies to new vehicles. If your car encounters a problem that makes it hard to use, decreases its value, or makes it unsafe within the first year of ownership, you may be entitled to a refund or replacement.
Arizona
If you live in Arizona and buy a new car, you will be covered under the state's lemon law. The coverage period lasts 2 years or 24,000 miles, whichever comes first.
Arkansas
If your new vehicle has a problem in Arkansas that makes it hard to use, decreases its value, or makes it unsafe, the manufacturer must repair it within 24 months of delivery or 24,000 miles. If the manufacturer can't or won't fix the problem, the consumer has several options, including replacing it with another acceptable car or getting their original car back and being refunded for everything, including taxes, title, and extended warranty, if applicable.
California
California's lemon law applies to new, used, and leased vehicles. It covers your car if there's a problem that makes it hard to use, lowers its value, or makes it unsafe, and the dealer cannot repair the defect after a reasonable number of attempts when the vehicle remains under a new car warranty. If a car is deemed a lemon, California consumers have 18,000 miles or 18 months from the date of purchase to return it.
Colorado
The lemon law in Colorado applies to new and leased vehicles and lasts one year from the original delivery date or within a year of the warranty's start date, whichever comes first. Colorado law excludes motor homes and motorcycles.
Connecticut
In Connecticut, if your new or leased car has a problem that makes it unsafe, hard to use, or decreases its value, the car company will supply a replacement or refund the full contract price within 2 years of delivery or 24,000 miles, whichever comes first. The law applies to new and leased passenger and combination vehicles and motorcycles.
Delaware
The lemon law in Delaware applies to new and leased vehicles, but not motor homes. It lasts for one year or the first year after delivery to the consumer, whichever comes first. If the car needs to be replaced, the Delaware consumer has two options: replacement with a comparable and acceptable new automobile or repurchase and refund of the full purchase price, including credits and allowances for any trade-in vehicle.
District of Columbia
The lemon law in the District of Columbia applies to new and leased vehicles, but not used cars. It covers vehicle problems that arise within 18,000 miles or 2 years, whichever comes first, after the date of delivery or purchase, and substantially impairs its use, value, or safety.
Florida
The lemon law in Florida applies to new and leased vehicles. You may qualify for a refund or replacement vehicle if your car has a problem within 2 years that substantially impairs its use or compromises safety, and the dealer cannot repair the defect after a reasonable number of attempts.
Georgia
The lemon law in Georgia applies to new and leased vehicles. It covers your car if there's a problem that makes it hard to use within 2 years or 24,000 miles and impacts its usability, value, or safety. If the dealer remains unable to repair the issue after a reasonable number of attempts, you may request a refund or replacement.
Hawaii
The lemon law in Hawaii applies to new and leased vehicles. You could get a refund or a replacement if your car experiences an issue that makes it hard to use, decreases its value, or makes it unsafe within the first 2 years or 24,000 miles, and the dealer can't resolve the problem after multiple repair attempts.
Idaho
The lemon law in Idaho applies to new and leased cars, trucks, or vans experiencing issues within 2 years or 24,000 miles. If your car becomes ineffective, significantly decreases in value, or a persistent issue makes it unsafe, the dealer must repair the defect after a reasonable number of attempts.
Illinois
The lemon law in Illinois applies to new and leased vehicles, except any that are modified. If your car has an issue that compromises your safety or makes it difficult to use within one year or 12,000 miles, the dealer must repair the defect. If they are unable to resolve the problem, you may pursue a replacement or refund.
Indiana
The lemon law in Indiana applies to new and leased vehicles. The statute covers your car for 18 months or 18,000 miles.
Iowa
Iowa's lemon law applies to new and leased vehicles within 2 years or 24,000 miles after purchase and must weigh less than 15,000 pounds. To open a dispute, the consumer must file a complaint through their certified informal dispute resolution process.
Kansas
The lemon law in Kansas applies to new and leased vehicles. You must inform the manufacturer of the need for repair within a year. If a vehicle needs repairs multiple times and the defect continues to exist, the manufacturer must either repair it or buy it back.
Kentucky
The lemon law in Kentucky applies to new and leased vehicles under 12,000 pounds. If your car has a problem that occurs four or more times in the first 12 months or 12,000 miles, the manufacturer must attempt to fix it multiple times. If the dealer does not correct the issue, they must replace or repurchase the vehicle.
Louisiana
The lemon law in Louisiana applies to new and leased vehicles. The dealer must repair the defect in a reasonable number of attempts or within one year after purchase, whichever comes first. If the vehicle cannot be repaired and remains out of service for at least 45 days, the dealer must offer a comparable replacement. You could also request a refund for the full purchase price.
Maine
The lemon law in Maine applies to new and leased vehicles. It covers serious defects within 3 years or 18,000 miles, whichever comes first. If a car is designated as a lemon, you can argue your case before an arbitrator for free.
Maryland
The lemon law in Maryland applies to new and leased vehicles within 2 years or 18,000 miles. If your car has a problem that significantly impairs operation or causes it to be unusable for at least 30 days, you may pursue a replacement vehicle or a full refund.
Massachusetts
The lemon law in Massachusetts applies to new and leased cars. It also applies to used vehicles with fewer than 125,000 miles on the odometer on the date of purchase. You are entitled to a refund or replacement if there's a substantial defect that inhibits your ability to drive the vehicle or negatively impacts your safety. Used cars with more than 125,000 miles on the odometer on the date of purchase are also covered if they fail inspection within a week after purchase.
Michigan
The lemon law in Michigan covers new and leased vehicles. This applies if your car has a condition that impairs its use within a year of delivery or during the term of the manufacturer's warranty, whichever comes first. The law may also cover your used car, though only if it's still under warranty and if it's still within the 1-year timeframe of the original purchaser.
Minnesota
The lemon law in Minnesota applies to new, leased, and lightly used vehicles. The issue must be reported within 2 years or before the warranty period ends, whichever comes first. If the manufacturer or dealer is unable to repair the defect within a reasonable number of attempts, the consumer may seek a replacement vehicle or a refund of the car's purchase price, less a deduction for use of the vehicle.
Mississippi
The lemon law in Mississippi applies to new and leased vehicles within a year of delivery or the duration of the manufacturer's warranty, whichever comes first. If your car experiences a problem that makes it difficult to use, decreases its value, or makes it unsafe, repairs must be completed within the first year of delivery or before the manufacturer's warranty expires.
Missouri
The lemon law in Missouri applies to new and leased vehicles. This covers your car for one year or through the term of the manufacturer's warranty, whichever comes first. If the car cannot be repaired in four attempts, if it's out of service for at least 30 days, or if it has a problem that hinders use, the consumer must open a dispute through the manufacturer's resolution program.
Montana
The lemon law in Montana applies to new and leased vehicles. This covers your car if it has a problem that makes it hard to use, negatively affects its value, or poses a safety concern within 2 years or 18,000 miles of delivery.
Nebraska
The lemon law in Nebraska applies to new and leased vehicles. A vehicle can be declared a lemon if it needs a repair four or more times within a year of delivery or if the car is deemed unusable for a cumulative total of at least 40 days.
Nevada
The lemon law in Nevada applies to new and used vehicles, but not leased vehicles. Persistent issues that occur before the expiration of any manufacturer's warranties or one year after delivery are eligible for a refund or replacement.
New Hampshire
The lemon law in New Hampshire applies to new and leased vehicles still under warranty. If your car is declared defective after at least three repair attempts or goes out of service for at least 30 days, you have a right to arbitration.
New Jersey
The New Jersey lemon law applies to new and leased vehicles during the first 2 years or 24,000 miles. The law may also apply to used cars in the same time frame if the vehicle is a maximum of 7 years old (in model years) with less than 100,000 miles on the odometer, and you paid at least $3,000. A used car may qualify for protection under the state's lemon law if purchased from a licensed dealership. A used lemon is defined as a vehicle with substantial safety issues, three or more repair attempts, or one that has been out of service for 20 cumulative days with the same issue.
New Mexico
The lemon law in New Mexico applies to new vehicles or vehicles transferred to a used buyer while still under warranty. It does not cover leased vehicles. It covers your car if a persistent issue impairs the use or substantially lowers the market value within one year after delivery or during the manufacturer's warranty term, whichever comes first.
New York
The New York lemon law applies to new and leased vehicles or those transferred within 18,000 miles or 2 years of delivery. For used cars, a written warranty is required at the time of purchase. Consumers are entitled to reimbursement for the cost of repairing a covered failure.
North Carolina
The lemon law in North Carolina covers new and leased vehicles within 2 years or 24,000 miles. Consumers must notify the manufacturer in writing if there is a defect, and the problem must be resolved within a reasonable period. If the vehicle is out of service for a cumulative total of 20 business days, the manufacturer is required to replace the car or buy it back at the purchase price.
North Dakota
The lemon law in North Dakota applies to new and leased vehicles. If your car has a problem that makes it hard to use, decreases its value, or makes it unsafe within 12,000 miles or one year of delivery, and the dealer is unable to repair the defect after a reasonable number of attempts, you may petition for a refund or replacement.
Ohio
The lemon law in Ohio applies to new and leased vehicles within one year or 18,000 miles of delivery. If you have problems during this protection period, the manufacturer must have a "reasonable opportunity" to perform the repair. Consumers are eligible for a refund or replacement if the issue cannot be fixed.
Oklahoma
The lemon law in Oklahoma applies to new and leased vehicles within 12,000 miles or one year of delivery. Before the lemon law applies, the consumer must pursue a resolution directly with the manufacturer.
Oregon
The lemon law in Oregon applies to new and leased vehicles. Coverage extends for 2 years or 24,000 miles after delivery. To qualify for protection, the defect must be reported to the manufacturer, and they must be given a reasonable number of attempts to perform the repair. If the vehicle is out of service for 30 calendar days or more, you may pursue a replacement or refund.
Pennsylvania
The lemon law in Pennsylvania applies to new and leased vehicles within one year or 12,000 miles. Manufacturers are allowed three repair attempts to resolve the problem. You may petition for a refund if your car is out of service for a cumulative total of 30 days with a persistent issue.
Rhode Island
The lemon law in Rhode Island applies to new and leased vehicles within one year or 15,000 miles. Consumers must file a formal complaint with the Motor Vehicle Arbitration Board to dispute an issue with the manufacturer. The law also covers used vehicles if the car was serviced three times for the same defect within its dealer warranty period or if its owner could not drive the vehicle for 15 days within the warranty period.
South Carolina
The lemon law in South Carolina applies to new and leased vehicles under manufacturer warranty within one year or 12,000 miles. The manufacturer must offer a refund or replacement if they are unable to resolve the problem after a reasonable number of attempts.
South Dakota
The lemon law in South Dakota applies to new and leased vehicles. The state's law protects consumers if their vehicle encounters a single problem or a series of problems that arise within one year or 12,000 miles of delivery. The manufacturer has four attempts or 30 cumulative calendar days to repair the issue.
Tennessee
The lemon law in Tennessee applies to new and leased vehicles and any other person entitled to the warranty. If your car has a problem that substantially impairs its use within one year, the manufacturer must offer a refund or replacement.
Texas
The Texas Lemon Law is a state law administered by the Texas Department of Motor Vehicles that helps consumers who buy or lease new motor vehicles and have repeated problems getting their vehicles properly repaired under the manufacturer's original warranty. The law covers new vehicles, including cars, trucks, vans, motorcycles, all-terrain vehicles, motor homes, towable recreational vehicles, and neighborhood electric vehicles that develop a defect covered by a manufacturer's written warranty. Demonstrator vehicles that have not been previously titled are considered new vehicles. The law does not cover repossessed vehicles, non-travel trailers, boats, or farm equipment. The Texas lemon law applies to new and leased vehicles within 2 years of 24,000 miles. It may cover a used vehicle if it's still eligible under warranty. If you have persistent issues getting your new car to run as expected, the law outlines that you are entitled to a repair, replacement, or refund.
Utah
Utah's law covering lemons applies to new and leased vehicles. If your car has a substantial defect within 2 years, the manufacturer must complete the repair within a reasonable number of attempts.
Vermont
The lemon law in Vermont applies to new and leased vehicles. For new vehicles, a formal demand for arbitration must be filed within one year after the manufacturer's warranty expires by time or mileage. For leased vehicles, drivers could elect replacement vehicles or obtain a lease refund if possible. Vermont's lemon law applies to used vehicles if the first repair occurred within the manufacturer's warranty and if it meets other eligibility requirements.
Virginia
The lemon law in Virginia applies to new and leased vehicles. If your car experiences a persistent problem that makes it hard to use, decreases its value, or makes it unsafe within the manufacturer's warranty period or 18 months of delivery, the manufacturer must offer a return or replacement. For used vehicles, the law states that it may cover "certain conditions."
Washington
The lemon law in Washington applies to new and leased vehicles. If your car experiences a serious defect or a problem that makes it unreliable or unsafe within 2 years or 24,000 miles of delivery, you may send a written request asking for a replacement vehicle.
West Virginia
The lemon law in West Virginia applies to new and leased vehicles. If your car experiences a defect that makes it hard to use, decreases its value, or makes it unsafe within the term of express manufacturer's warranties or one year of delivery, the manufacturer has a duty to repair it. They must replace the vehicle if the issue is not fixed after a reasonable number of repair attempts.
Wisconsin
The lemon law in Wisconsin applies to new and leased vehicles. If your car experiences issues that make it hard to use, decrease its value, or make it unsafe within the term of the warranty or one year of delivery, you may request a replacement vehicle, applicable collateral costs, or a full refund.
Wyoming
Wyoming's statute protecting consumers applies to new and leased vehicles under warranty. If your car spent 30 days in the repair shop within one year or if you attempted three unsuccessful repairs, the manufacturer must replace the vehicle or offer a refund.
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Frequently asked questions
A lemon car is a new car with a major defect or recurring problems that cannot be fixed.
Lemon laws typically cover new cars, light trucks, and vans under 8,000 pounds, as well as recreational vehicles (excluding trailers).
Lemon laws do not cover used, altered, or modified vehicles, motorcycles, or boats.
In Illinois, for a car to be considered a lemon, it must have a non-conformity that substantially impairs its use, safety, or market value, and the dealer or manufacturer must have attempted to repair it at least four times without success, or the car must have been out of service for a total of 30 or more business days.