(765 ILCS 77/Art. 2 heading)
ARTICLE 2
DISCLOSURES
(Source: P.A. 94-280, eff. 1-1-06.)
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(765 ILCS 77/5)
Sec. 5. Definitions. As used in this Act, unless the context otherwise
requires the
following terms have the meaning given in this Section.
"Residential real property" means real property improved with not less
than one nor more than 4 residential dwelling units; units in residential
cooperatives; or, condominium units, including the limited common elements
allocated to the exclusive use thereof that form an integral part of the
condominium unit. The term includes a manufactured home as defined in subdivision (53) of Section 9-102 of the Uniform Commercial Code that is real property as defined in the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act.
"Seller" means 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 residential real property.
However, "seller" shall not include
any person who has both (i) never occupied the residential real property and
(ii) never had the management responsibility for the residential real property
nor delegated such responsibility for the residential real property to another
person or entity.
"Prospective buyer" means any person or entity negotiating or offering
to become an owner or lessee of residential real property by means of a
transfer for value to which this Act applies.
(Source: P.A. 98-749, eff. 7-16-14.)
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(765 ILCS 77/10)
Sec. 10.
Except as provided in Section 15, this Act applies to any
transfer
by sale, exchange, installment land sale contract, assignment of beneficial
interest, lease with an option to purchase, ground lease, or assignment of
ground lease of residential real property.
(Source: P.A. 88-111.)
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(765 ILCS 77/15)
Sec. 15.
The provisions of this Act do not apply to the following:
(1) Transfers pursuant to court order, including, but not
limited to, transfers ordered by a probate court in administration of an
estate, transfers between spouses resulting from a judgment of dissolution of
marriage or legal separation, transfers pursuant to an order of possession,
transfers by a trustee in bankruptcy, transfers by eminent domain, and
transfers resulting from a decree for specific performance.
(2) Transfers from a mortgagor to a mortgagee by deed in lieu of
foreclosure or consent judgment, transfer by judicial deed issued pursuant to a
foreclosure sale to the successful bidder or the assignee of a certificate of
sale, transfer by a collateral assignment of a beneficial interest of a land
trust, or a transfer by a mortgagee or a successor in interest to the
mortgagee's secured position or a beneficiary under a deed in trust who has
acquired the real property
by deed in lieu of foreclosure, consent judgment or judicial deed issued
pursuant to a foreclosure sale.
(3) Transfers by a fiduciary in the course of the administration of a
decedent's estate, guardianship, conservatorship, or trust.
(4) Transfers from one co-owner to one or more other co-owners.
(5) Transfers pursuant to testate or intestate succession.
(6) Transfers made to a spouse, or to a person or persons
in the lineal line of consanguinity of one or more of the sellers.
(7) Transfers from an entity that has taken title to
residential real property from a seller for the purpose of assisting
in the relocation of the seller, so long as the entity
makes available to all prospective buyers a copy of the disclosure form
furnished to the entity by the seller.
(8) Transfers to or from any governmental entity.
(9) Transfers of newly constructed residential real property that has not
been occupied.
(Source: P.A. 88-111.)
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(765 ILCS 77/20)
Sec. 20.
A seller of residential real property shall
complete all applicable items in the disclosure document described in Section
35
of this Act. The seller shall deliver to the prospective buyer the written
disclosure statement required by this Act before the signing of a written
agreement by the seller and prospective buyer that would, subject to the
satisfaction of any negotiated contingencies, require the prospective buyer to
accept a transfer of the residential real property.
(Source: P.A. 88-111.)
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(765 ILCS 77/25)
Sec. 25.
Liability of seller.
(a) The seller is not liable for any error, inaccuracy, or
omission of any information delivered pursuant to this Act if (i) the seller
had no knowledge of the error, inaccuracy, or omission, (ii) the error,
inaccuracy, or omission was based on a reasonable belief that a material defect
or other matter not disclosed had been corrected, or (iii) the error,
inaccuracy, or omission was based on information provided by a public agency or
by a licensed engineer, land surveyor, structural pest control operator, or by
a
contractor about matters within the scope of the contractor's occupation and
the seller had no knowledge of the error, inaccuracy, or omission.
(b) The seller shall disclose material defects of which the
seller has actual knowledge.
(c) The seller is not obligated by this Act to make any
specific investigation or inquiry in an effort to complete the
disclosure statement.
(Source: P.A. 90-383, eff. 1-1-98.)
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(765 ILCS 77/30)
Sec. 30.
Disclosure supplement.
If, prior to closing, any seller has
actual knowledge of an error, inaccuracy, or omission in any prior disclosure
document after delivery of that disclosure document to a prospective buyer,
that seller shall supplement the prior disclosure document with a written
supplemental disclosure.
(Source: P.A. 90-383, eff. 1-1-98; 91-357, eff. 7-29-99.)
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(765 ILCS 77/35)
Sec. 35. Disclosure report form. The disclosures required of a seller
by this Act shall be made in the following form:
RESIDENTIAL REAL PROPERTY DISCLOSURE REPORT
NOTICE: THE PURPOSE OF THIS REPORT IS TO PROVIDE PROSPECTIVE BUYERS WITH
INFORMATION ABOUT MATERIAL DEFECTS IN THE RESIDENTIAL REAL PROPERTY. THIS
REPORT DOES NOT LIMIT THE PARTIES' RIGHT TO CONTRACT FOR THE SALE OF
RESIDENTIAL
REAL PROPERTY IN "AS IS" CONDITION. UNDER COMMON LAW, SELLERS WHO DISCLOSE
MATERIAL DEFECTS MAY BE UNDER A CONTINUING OBLIGATION TO ADVISE THE PROSPECTIVE
BUYERS ABOUT THE CONDITION OF THE RESIDENTIAL REAL PROPERTY EVEN AFTER THE
REPORT IS DELIVERED TO THE PROSPECTIVE BUYER. COMPLETION OF THIS REPORT BY
THE
SELLER CREATES LEGAL OBLIGATIONS ON THE SELLER; THEREFORE THE
SELLER MAY WISH TO CONSULT
AN ATTORNEY PRIOR TO COMPLETION OF THIS REPORT.
Property Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
City, State & Zip Code: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Seller's Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This Report is a disclosure of certain conditions of the residential real
property listed above in compliance with the Residential Real Property
Disclosure Act. This information is provided as of ...(month) ...(day)
...(year), and does not reflect any changes made or occurring after that date
or information that becomes known to the seller after that date. The
disclosures herein shall not be deemed warranties of any kind by the seller or
any person representing any party in this transaction.
In this form, "am aware" means to have actual notice or
actual knowledge without any specific investigation or inquiry.
In this form, "material defect" means a condition that would
have a substantial adverse effect on the value of the residential
real property or that would significantly impair the health or
safety of future occupants of the residential real property
unless the seller reasonably believes that the condition has
been corrected.
The seller discloses the following information with the
knowledge that even though the statements herein are not deemed
to be warranties, prospective buyers may choose to rely on
this information in deciding whether or not and on what terms
to purchase the residential real property.
The seller represents that to the best of his or her actual
knowledge, the following statements have been accurately noted
as "yes" (correct), "no" (incorrect), or "not applicable" to the
property being sold. If the seller indicates that the response
to any statement, except number 1, is yes or not applicable, the
seller shall provide an explanation, in the additional information
area of this form.
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YES |
NO |
N/A |
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1. |
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Seller has occupied the property |
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within the last 12 months. |
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I am aware of flooding or recurring |
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leakage problems in the crawl |
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space or basement. |
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I am aware that the property is |
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located in a flood plain or that I |
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currently have flood hazard |
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insurance on the property. |
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I am aware of material defects in |
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the basement or foundation |
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(including cracks and bulges). |
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I am aware of leaks or material |
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defects in the roof, ceilings, or |
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chimney. |
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I am aware of material defects in |
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the walls, windows, doors, or floors. |
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I am aware of material defects in |
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the electrical system. |
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I am aware of material defects in |
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the plumbing system (includes |
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such things as water heater, sump |
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pump, water treatment system, |
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sprinkler system, and swimming |
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pool). |
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I am aware of material defects in |
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the well or well equipment. |
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I am aware of unsafe conditions in |
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the drinking water. |
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I am aware of material defects in |
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the heating, air conditioning, or |
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ventilating systems. |
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I am aware of material defects in |
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the fireplace or woodburning |
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stove. |
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I am aware of material defects in |
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the septic, sanitary sewer, or |
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other disposal system. |
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I am aware of unsafe concentrations |
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of radon on the premises. |
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I am aware of unsafe concentrations |
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of or unsafe conditions relating |
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to asbestos on the premises. |
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I am aware of unsafe concentrations |
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of or unsafe conditions relating |
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to lead paint, lead water pipes, |
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lead plumbing pipes or lead in |
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the soil on the premises. |
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I am aware of mine subsidence, |
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underground pits, settlement, |
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sliding, upheaval, or other earth |
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stability defects on the |
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premises. |
18. |
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I am aware of current infestations |
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of termites or other wood boring |
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insects. |
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I am aware of a structural defect |
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caused by previous infestations |
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of termites or other wood boring |
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insects. |
20. |
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I am aware of underground fuel |
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storage tanks on the property. |
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I am aware of boundary or lot line |
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disputes. |
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I have received notice of violation |
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of local, state or federal laws |
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or regulations relating to this |
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property, which violation has not |
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been corrected. |
23. | ..... | ..... | ..... | I am aware that this property has
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| | | | of methamphetamine as
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| | | | the Methamphetamine Control
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Note: These disclosures are not intended to cover the common
elements of a condominium, but only the actual residential real
property including limited common elements allocated to the
exclusive use thereof that form an integral part of the
condominium unit.
Note: These disclosures are intended to reflect the current condition of
the premises and do not include previous problems, if any, that the seller
reasonably believes have been corrected.
If any of the above are marked "not applicable" or "yes", please explain here
or use additional pages, if necessary:
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Check here if additional pages used: .....
Seller certifies that seller has prepared this statement and
certifies that the information provided is based on the actual
notice or actual knowledge of the seller without any specific
investigation or inquiry on the part of the seller. The seller
hereby authorizes any person representing any principal in this
transaction to provide a copy of this report, and to disclose
any information in the report, to any person in connection
with any actual or anticipated sale of the property.
Seller: ............................... Date: . . . . . . . . . . . . . . . .
Seller: ............................... Date: . . . . . . . . . . . . . . . .
THE PROSPECTIVE BUYER IS AWARE THAT THE PARTIES MAY CHOOSE
TO NEGOTIATE AN AGREEMENT FOR THE SALE OF THE PROPERTY SUBJECT TO
ANY OR ALL MATERIAL DEFECTS DISCLOSED IN THIS REPORT ("AS IS").
THIS DISCLOSURE IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES
THAT THE PROSPECTIVE BUYER OR SELLER MAY WISH TO OBTAIN
OR NEGOTIATE. THE FACT THAT THE SELLER IS NOT AWARE OF A PARTICULAR
CONDITION OR PROBLEM IS NO GUARANTEE THAT IT DOES NOT EXIST.
THE PROSPECTIVE BUYER IS AWARE THAT HE MAY REQUEST AN INSPECTION OF
THE PREMISES PERFORMED BY A QUALIFIED PROFESSIONAL.
Prospective Buyer: .................. Date: ...... Time: ....
Prospective Buyer: .................. Date: ...... Time: ....
(Source: P.A. 98-754, eff. 1-1-15 .)
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(765 ILCS 77/40)
Sec. 40.
Material defect.
If a material defect is disclosed in the
Residential
Real Property Disclosure Report, after acceptance by the prospective
buyer of an offer or counter-offer made by a seller or after
the execution of an offer made by a prospective buyer that
is accepted by the seller for the conveyance of the residential
real property, then the prospective buyer may, within 3
business days after receipt of that report by the prospective
buyer, terminate the contract or other agreement without any
liability or recourse except for the return to prospective buyer
of all earnest money deposits or down payments paid by prospective buyer in the
transaction. If a material defect is disclosed in a supplement to this
disclosure document, the prospective buyer shall not have a right to terminate
unless the material defect results from an error, inaccuracy, or omission of
which the seller had actual knowledge at the time the prior
disclosure document was completed and signed by the seller. The right to
terminate the contract, however, shall no longer
exist after the conveyance of the residential real property. For purposes of
this Act the termination shall be deemed to be made when written notice of
termination is personally delivered to at least one of the sellers identified
in the contract or other agreement or when deposited, certified or registered
mail, with the United States Postal Service, addressed to one of the sellers at
the address indicated in the contract or agreement, or, if there is not an
address contained therein, then at the address indicated for the residential
real property on the report.
(Source: P.A. 90-383, eff. 1-1-98.)
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(765 ILCS 77/45)
Sec. 45.
This Act is not intended to limit or modify
any obligation to disclose created by any other statute or that
may exist in common law in order to avoid fraud, misrepresentation, or deceit
in the transaction.
(Source: P.A. 88-111.)
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(765 ILCS 77/50)
Sec. 50.
Delivery of the Residential Real Property Disclosure
Report provided by this Act shall be by:
(1) personal or facsimile delivery to the prospective
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(2) depositing the report with the United States
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(3) depositing the report with an alternative
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For purposes of this Act, delivery to one prospective buyer is
deemed delivery to all prospective buyers. Delivery to an authorized
individual acting on behalf of a prospective buyer constitutes delivery to
all prospective buyers. Delivery of the report is effective upon receipt
by the prospective buyer. Receipt may be acknowledged on the report,
acknowledged in an
agreement for the conveyance of the residential real property, or shown in any
other verifiable manner.
(Source: P.A. 91-357, eff. 7-29-99.)
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(765 ILCS 77/55)
Sec. 55.
Violations and damages.
If the seller fails or refuses to
provide the disclosure document prior to the conveyance of the residential
real
property, the buyer shall have the right to terminate the contract. A person
who knowingly violates or fails to perform any duty prescribed by
any provision of this Act or who discloses any information on
the Residential Real Property Disclosure Report that he knows to
be false shall be liable in the amount of actual damages and
court costs, and the court may award reasonable attorney fees
incurred by the prevailing party.
(Source: P.A. 90-383, eff. 1-1-98.)
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(765 ILCS 77/60)
Sec. 60.
No action for violation of this Act may
be commenced later than one year from the earlier of the date of
possession, date of occupancy, or date of recording of an instrument of
conveyance of the residential real property.
(Source: P.A. 88-111.)
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(765 ILCS 77/65)
Sec. 65.
A copy of this Act, excluding Section 35, must
be printed on or as a part of the Residential Real Property
Disclosure Report form.
(Source: P.A. 88-111.)
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