What Is the Lemon Law in Illinois for Used Cars

Illinois' New Vehicle Buyer Protection Act, codified as 815 ILCS 380, provides remedies for consumers who purchase defective motor vehicles. This statute applies exclusively to new motor vehicles, light trucks and vans under 8,000 pounds, and recreational vehicles purchased or leased in Illinois, as stated by the Illinois Attorney General.

The lemon law does not cover used vehicles. Instead, Illinois provides separate consumer protections for used car buyers through 815 ILCS 505/2L, which establishes mandatory warranty requirements for qualifying used vehicles sold by dealers.

What Protections Do Used Car Buyers Have in Illinois?

Illinois mandates minimum warranty coverage for used vehicles through the Consumer Fraud and Deceptive Business Practices Act. Any used vehicle sold by a dealer or auction company must include a 15-day/500-mile limited powertrain warranty unless specifically exempted. This warranty covers the full cost of parts and labor necessary to repair defects in powertrain components, including the engine block, cylinder head, all internal engine parts, oil pan and gaskets, water pump, intake manifold, transmission and all internal transmission parts, torque converter, drive shaft, universal joints, rear axle and all internal rear axle parts, and rear wheel bearings.

The warranty does not apply to vehicles with more than 150,000 miles at the time of sale, those with flood or rebuilt title brands, vehicles with gross vehicle weight ratings of 8,000 pounds or greater, or antique and collector vehicles. Dealers offering express warranties with equal or greater coverage are exempt from this requirement.

When covered defects occur within the warranty period, consumers must provide reasonable notice within two business days after the 15-day period expires. Dealers may charge up to $100 for each of the first two repairs, though only $100 maximum if the second repair addresses the same defect. Days and miles stop counting toward the warranty period when the vehicle is in the shop for repairs. The dealer's maximum liability is limited to the purchase price paid for the vehicle, refunded in exchange for return of the vehicle.

Magnuson-Moss Warranty Act

The federal Magnuson-Moss Warranty Act establishes protection when sellers breach written warranty obligations on consumer products, including motor vehicles. This statute authorizes consumers to pursue legal remedies for breaches of written warranty terms issued by dealers or manufacturers, violations of warranties implied under law, and failures to fulfill service contract provisions.

FTC Used Car Rule

The Federal Trade Commission's Used Car Rule requires dealers to display a Buyer's Guide on every used vehicle before sale. For vehicles subject to Illinois' statutory warranty, dealers must use the "Implied Warranties Only" version of the Buyer's Guide rather than "As Is" designations. The disclosure must clearly state whether the dealer extends warranty coverage, which mechanical components and systems receive warranty protection, how long any warranty remains valid, and what share of repair expenses the dealer assumes under warranty.

Understanding "As Is" Sales in Illinois

Illinois significantly restricts "as is" sales of used vehicles. Vehicles subject to the mandatory 15-day/500-mile powertrain warranty cannot be sold "as is"—dealers must provide at least the minimum statutory warranty unless the vehicle falls within specific exemptions. Only exempt vehicles may be sold without warranty protection, including those exceeding 150,000 miles, those with flood or rebuilt titles, vehicles weighing 8,000 pounds or more, and antique or collector vehicles.

What "As Is" Means for Buyers

When purchasing an exempt vehicle sold "as is":

• The dealer assumes no responsibility for repairs after sale completion
• You accept all risks associated with the vehicle's condition
• You shoulder complete financial responsibility for defects identified following purchase
• No implied warranties of merchantability apply to the transaction

Dealer Disclosure Requirements

Even when "as is" sales are permitted for exempt vehicles, dealers must provide required disclosure statements in conspicuous boldface type. The Illinois Attorney General mandates that dealers inform consumers whether vehicles qualify for statutory warranty coverage or fall within exemptions. Dealers can waive warranty coverage only for particular disclosed defects when the consumer signs an acknowledgment of specific problems listed before the sale.

Exceptions to "As Is" Protection

Legal remedies may remain available despite the "as is" designation when dealers:

• Commit fraudulent acts in the sale transaction or misrepresent vehicle condition
• Actively conceal known material defects through deceptive practices
• Fail to honor express warranty obligations documented in sales contracts
• Make oral representations upon which consumers relied when entering the transaction

Filing a Consumer Complaint

Illinois consumers experiencing disputes with used car dealers may file complaints with the Consumer Protection Division of the Illinois Attorney General's Office.

Illinois Attorney General
Consumer Protection Division
115 South LaSalle Street, Chicago, IL 60603
Phone: (800) 386-5438
Official Website: Illinois Attorney General