What must a home seller disclose in Illinois?

Q: What must a home seller disclose in Illinois?

Illinois codified its disclosure regime in 765 ILCS 77 — the Residential Real Property Disclosure Act . 1. Disclosure Report — 765 ILCS 77/35 - Required for 1-4 unit residential dwellings . - 23 yes/no/not-applicable items including: - Flooding in crawl space or basement. - Material defects in roof, ceilings, walls, foundation, floors, doors, windows. - Plumbing, electrical, central heating/AC. - Asbestos , lead-based paint , radon , mine subsidence , underground fuel tanks . - Boundary or lot-line disputes. - Must be delivered before signing the contract . 2. Lead-Based Paint - Federal 42 USC § 4852d for pre-1978 dwellings. 3. Material Defects Only - Sellers disclose known material defects — not minor cosmetic issues. "Material defect" means a condition that substantially impacts value or safety (§ 77/35). 4. Exemptions — § 77/15 - Court order or foreclosure, transfers from estates, trusts, fiduciaries, transfers between co-owners or spouses, new construction never occupied , and transfers by a beneficiary in a deed in lieu of foreclosure. 5. Late Delivery / Untrue Report - Buyer may terminate before closing if report is late (§ 77/55). - If report contains untrue statement , buyer may sue for actual damages plus court costs and attorneys' fees (§ 77/55). 6. Statute of Limitations - 1 year from earlier of date of possession, date of occupancy, or date of recording (§ 77/60). 7. "As-Is" Sales - "As-is" does not waive the Act's disclosure requirement or relieve a seller of fraud liability. This is legal information, not legal advice.

Question

Accepted Answer

Illinois codified its disclosure regime in 765 ILCS 77 — the Residential Real Property Disclosure Act.

1. Disclosure Report — 765 ILCS 77/35

Required for 1-4 unit residential dwellings.

23 yes/no/not-applicable items including:

- Flooding in crawl space or basement.

- Material defects in roof, ceilings, walls, foundation, floors, doors, windows.

- Plumbing, electrical, central heating/AC.

- Asbestos, lead-based paint, radon, mine subsidence, underground fuel tanks.

- Boundary or lot-line disputes.

Must be delivered before signing the contract.

2. Lead-Based Paint

Federal 42 USC § 4852d for pre-1978 dwellings.

3. Material Defects Only

Sellers disclose known material defects — not minor cosmetic issues. "Material defect" means a condition that substantially impacts value or safety (§ 77/35).

4. Exemptions — § 77/15

Court order or foreclosure, transfers from estates, trusts, fiduciaries, transfers between co-owners or spouses, new construction never occupied, and transfers by a beneficiary in a deed in lieu of foreclosure.

5. Late Delivery / Untrue Report

Buyer may terminate before closing if report is late (§ 77/55).

If report contains untrue statement, buyer may sue for actual damages plus court costs and attorneys' fees (§ 77/55).

6. Statute of Limitations

1 year from earlier of date of possession, date of occupancy, or date of recording (§ 77/60).

7. "As-Is" Sales

"As-is" does not waive the Act's disclosure requirement or relieve a seller of fraud liability.

This is legal information, not legal advice.