Illinois Compiled Statutes
815 ILCS 380/2 (2026)
Definitions
✓ current as of May 2026
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(815 ILCS 380/2)
(from Ch. 121 1/2, par. 1202)
Sec. 2. Definitions. For the purposes of this Act, the following words
have the meanings ascribed to them in this Section.
(a) "Consumer" means an individual who purchases or leases for a period of
at least one year a new vehicle from the
seller for the purposes of transporting himself and others, as well as their
personal property, for primarily personal, household or family purposes or 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.
(b) "Express warranty" has the same meaning, for the purposes of this
Act, as it has for the purposes of the Uniform Commercial Code.
(c) "New vehicle" means a passenger car, as defined in Section 1-157 of the
Illinois Vehicle Code, a motor vehicle of the Second Division having
a weight of under 8,000 pounds, as defined in Section 1-146 of that Code,
a vehicle purchased by a fire department, a fire protection district, or a township fire department, and a recreational vehicle, except for a camping trailer or travel trailer that
does not qualify under the definition of a used motor vehicle, as set forth in
Section 1-216 of that Code.
(d) "Nonconformity" refers to a new vehicle's failure to conform
to all express warranties applicable to such vehicle, which failure
substantially impairs the use, market value or safety of that vehicle.
(e) "Seller" means the manufacturer of a new vehicle, that manufacturer's
agent or distributor or that manufacturer's authorized dealer.
"Seller" also means, with respect to a new vehicle which is also a modified
vehicle, as defined in Section 1-144.1 of the Illinois Vehicle Code, as now
or hereafter amended, the person who modified the vehicle and that person's
agent or distributor or that person's authorized dealer.
"Seller" also means, with respect to leased new vehicles, the manufacturer,
that manufacturer's agent or distributor or that manufacturer's dealer, who
transfers the right to possession and use of goods under a lease.
(f) "Statutory warranty period" means the period of one year or 12,000
miles, whichever occurs first after the date of the delivery of a new vehicle
to the consumer who purchased or leased it.
(g) "Lease cost" includes deposits, fees, taxes, down payments, periodic
payments, and any other amount paid to a seller by a consumer in connection
with the lease of a new vehicle.
(Source: P.A. 95-802, eff. 1-1-09.)
Notes of Decisions
Cited in 3
cases, 2003–2003 · leading case: Voelker v. Porsche Cars North Am., Inc., 353 F.3d 516 (7th Cir. 2003).
Voelker v. Porsche Cars North Am., Inc., 353 F.3d 516 (7th Cir. 2003). “is not a `warranty' as defined by the Code"), and therefore is not an express warranty under the lemon law either, 815 ILCS 380/2(b). 35 Regarding the airbag's failure to deploy, Voelker alleges a design defect.”
Voelker v. Porsche Cars North Am., Inc., 353 F.3d 516 (7th Cir. 2003). “As Voelker argued in his opening brief: The subject vehicle’s side airbags are defective and non-conforming in that *527 they do not address “actual” or “real-world” crash conditions as they do not deploy when the subject vehicle is impacted in the driver’s door — even at a rate…”
Voelker, Daniel J. v. Porsche Cars North (7th Cir. 2003). “is not a ‘war- ranty’ as defined by the Code”), and therefore is not an express warranty under the lemon law either, 815 ILCS 380/2(b). 4 The New Car Limited Warranty was made by Porsche, not Copans.”
— 815 ILCS 380/2(b) — 3 cases
Voelker v. Porsche Cars North Am., Inc., 353 F.3d 516 (7th Cir. 2003). “is not a `warranty' as defined by the Code"), and therefore is not an express warranty under the lemon law either, 815 ILCS 380/2(b). 35 Regarding the airbag's failure to deploy, Voelker alleges a design defect.”
Voelker v. Porsche Cars North Am., Inc., 353 F.3d 516 (7th Cir. 2003). “As Voelker argued in his opening brief: The subject vehicle’s side airbags are defective and non-conforming in that *527 they do not address “actual” or “real-world” crash conditions as they do not deploy when the subject vehicle is impacted in the driver’s door — even at a rate…”
Voelker, Daniel J. v. Porsche Cars North (7th Cir. 2003). “is not a ‘war- ranty’ as defined by the Code”), and therefore is not an express warranty under the lemon law either, 815 ILCS 380/2(b). 4 The New Car Limited Warranty was made by Porsche, not Copans.”
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