103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2182
 
Introduced 2/10/2023, by Sen. Chapin Rose
 
SYNOPSIS AS INTRODUCED:
 

 



765 ILCS 77/46 new
815 ILCS 505/2A  from Ch. 121 1/2, par. 262A

     Amends the Residential Real Property Disclosure Act. Provides that any condition, stipulation, or provision in any mortgage, promissory note, or contract directly affecting an interest in Illinois real estate shall state that Illinois law shall apply. Provides that any condition, stipulation, or provision purporting to apply the law of another state or country is void. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice for any person to insert a provision in any mortgage, promissory note, or other contract directly affecting a consumer's ownership of Illinois real estate which states that the law of a state or country other than Illinois shall apply, and  that any such provision purporting to apply the law of another state or country in such consumer transaction is void.
  


LRB103 26731 LNS 53094 b

 
 
A BILL FOR
 

  
SB2182LRB103 26731 LNS 53094 b


  
1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Residential Real Property Disclosure Act is 
5amended  by adding Section 46 as follows:
 
6    (765 ILCS 77/46 new)
7    Sec. 46. Condition, stipulation, or provision void. Any 
8condition, stipulation, or provision in any mortgage, 
9promissory note, or contract directly affecting an interest in 
10Illinois real estate shall state that Illinois law shall 
11apply. Any condition, stipulation, or provision purporting to 
12apply the law of another state or country is void.
 
13    Section 10. The Consumer Fraud and Deceptive Business 
14Practices Act is amended  by changing Section 2A as follows:
 



15    (815 ILCS 505/2A)  (from Ch. 121 1/2, par. 262A)



16    Sec. 2A. 
(1) The use or employment of any chain referral 
17sales technique, plan,
arrangement or agreement whereby the 
18buyer is induced to purchase
merchandise upon the seller's 
19promise or representation that if buyer will
furnish seller 
20names of other prospective buyers or like or identical

21merchandise that seller will contact the named prospective 
 
 
SB2182- 2 -LRB103 26731 LNS 53094 b

1buyers and buyer
will receive a reduction in the purchase 
2price by means of a cash rebate,
commission, credit toward 
3balance due or any other consideration, which
rebate, 
4commission, credit or other consideration is contingent upon

5seller's ability to sell like or identical merchandise to the 
6named
prospective buyers, is declared to be an unlawful 
7practice within the
meaning of this Act.

8    (2) It is an unlawful practice within the meaning of this 
9Act for any
person, by himself or through others, to sell, 
10offer to sell, or attempt
to sell the right to participate in a 
11pyramid sales scheme.
12    (3) It is an unlawful practice for any person to insert a 
13provision in any mortgage, promissory note, or other contract 
14directly affecting a consumer's ownership of Illinois real 
15estate which states that the law of a state or country other 
16than Illinois shall apply. Any such provision purporting to 
17apply the law of another state or country in such consumer 
18transaction is void. 

19(Source: P.A. 83-808.)