What are various seller disclosures in Illinois?

Selling a home in Illinois? This blog explains your various disclosure obligations.

Almost every state in the US has a disclosure requirement or a law requiring sellers to disclose certain facts about the property. These facts include the age and condition of the property, age of the roof, structural issues such as foundation or walls, the source of its water supply, flood and water damage, etc.

Illinois seller disclosures are especially complex. In addition to the disclosure requirements around Federal Residential Lead-Based Paint Hazard Reduction Act passed in 1992, Illinois sellers are also subject to Illinois’ 1994 Residential Real Property Disclosure Act.W


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What are my Federal disclosure requirements?

The Residential Lead-Based Paint Hazard Reduction Act passed in 1992 requires the disclosure of any lead-based paint or chipped paint in any housing built before 1978. Under the law, home buyers also have a 10-day period to conduct a paint inspection or risk assessment for lead-based paint or related hazards.

What are my Illinois disclosure requirements?

Illinois Residential Real Property Disclosure
Illinois Residential Real Property Disclosure Report from the Illinois Association of Realtors

Illinois’ 1994 Residential Real Property Disclosure Act is a statute that was enacted with the purpose of protecting home buyers from unscrupulous sellers who falsely report the condition of their property. It is supposed to provide buyers with a reliable representation on the major conditions of a property. It requires that sellers fully complete a form specifically answering 23 questions about a wide range of conditions of their property from foundation to plumbing and everywhere in between.

Every residential property sold from single family up to four units, condominiums and co-ops are covered by the Act and requires the form be provided to buyers. The Act also covers lease options and Articles of Agreement for Deed a/k/a land contracts. The Act does NOT cover new construction that has not been occupied, commercial condominiums or other commercial properties, foreclosure sales, deed in lieu transfers, sales or transfers due to divorce, probate or bankruptcy or transfers between
co-owners.

What does the Residential Real Property Disclosure Act require me to disclose?

The Residential Real Property Disclosure Report form covers 23 separate line items:

  1. Whether the seller occupied the property during the last 12 months.
  2. Was there flooding or leakage in the crawlspace or basement.
  3. Is the property in a flood plain or is there flood insurance on the property.
  4. Are there defects in the basement foundation.
  5. Are there leaks or defects in the roof, ceilings or chimney.
  6. Are there defects in the walls or floors.
  7. Are there defects in the electrical system.
  8. Are there defects in the plumbing system (which includes water heaters, sump pumps, treatment systems, sprinkler systems and swimming pools)
  9. Are there defects in the well system.
  10. Is the drinking water safe.
  11. Are there defects in the HVAC system.
  12. Are there defects in the fireplace or woodburning stove.
  13. Are there defects in the septic, sanitary sewer or disposal system.
  14. Are the radon levels safe?
  15. Are there unsafe asbestos conditions.
  16. Are there unsafe conditions regarding lead paint, lead pipes or lead in the soil.
  17. Is there settlement or earth instability.
  18. Are there termites or other wood boring insects.
  19. Did termites or wood boring insects leave structural defects from a past infestation.
  20. Are there underground fuel storage tanks.
  21. Are there any boundary line disputes.
  22. Have there been any violations of any laws relating to the property.
  23. Was the property ever used as a methamphetamine lab.

Who needs to complete and sign these seller disclosures?

Typically, every person or entity who is an owner, beneficiary of a trust, contract purchaser or lessee of a ground lease, who has an interest (legal or equitable) in a residential real property. This could be a seller with a full interest or a partial interest in the property.

Information in this blog post is meant to be used as a helpful guide, not legal advice. If you need legal help with a disclosure rule in your state, please consult a skilled real estate attorney.


Did you know Houzeo’s GOLD package provides you with Federal and State seller disclosures?

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