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A New Car That Cannot Be Fixed

815 ILCS 380/3 — a replacement or a refund after 4 repair attempts or 30 business days out of service

Where after a reasonable number of attempts a new vehicle cannot be made to conform to its express warranties, the manufacturer either replaces it with a comparable new vehicle or takes it back and refunds the full purchase price or lease cost, including collateral charges, less a reasonable allowance for use.

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Who handles this in Illinois: Illinois Attorney General, Consumer Fraud; and legal aid programs, lawyer referral and the state offices, listed in the Illinois directory.

  • The same problem has been repaired 4 or more times within the statutory warranty period and still exists.
  • The vehicle has been out of service for repairs a total of 30 or more business days within that period.
  • 815 ILCS 380/3

Either of those creates a presumption that a reasonable number of attempts was made. A defect caused by abuse, neglect or unauthorized modification is a defense for the manufacturer.

  • 815 ILCS 380/3
Sources for this section (1)
  1. 815 ILCS 380/3 — Failure of vehicle to conform; remedies; presumptions

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Illinois attorney.

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