95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0310


 
Introduced 2/7/2007, by Sen. John M. Sullivan
 
SYNOPSIS AS INTRODUCED:
 		














765 ILCS 77/35









    Amends the Residential Real Property Disclosure Act. Requires the seller of the property to disclose whether the property has been used for the manufacture of methamphetamine.
















LRB095 10796 AJO 31044 b

















 


 


A BILL FOR









 











SB0310

LRB095 10796 AJO 31044 b






1
    AN ACT concerning property.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Residential Real Property Disclosure Act is 
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amended  by changing Section 35 as follows:
 



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    (765 ILCS 77/35)



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    Sec. 35. Disclosure report form. The disclosures required 
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of a seller
by this Act shall be made in the following form: 

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RESIDENTIAL REAL PROPERTY DISCLOSURE REPORT


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    NOTICE:  THE PURPOSE OF THIS REPORT IS TO PROVIDE 
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PROSPECTIVE BUYERS WITH
INFORMATION ABOUT MATERIAL DEFECTS IN 
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THE RESIDENTIAL REAL PROPERTY.  THIS
REPORT DOES NOT LIMIT THE 
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PARTIES' RIGHT TO CONTRACT FOR THE SALE OF
RESIDENTIAL
REAL 
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PROPERTY IN "AS IS" CONDITION.  UNDER COMMON LAW, SELLERS WHO 
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DISCLOSE
MATERIAL DEFECTS MAY BE UNDER A CONTINUING OBLIGATION 
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TO ADVISE THE PROSPECTIVE
BUYERS ABOUT THE CONDITION OF THE 
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RESIDENTIAL REAL PROPERTY EVEN AFTER THE
REPORT IS DELIVERED TO 
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THE PROSPECTIVE BUYER.  COMPLETION OF THIS REPORT BY
THE
SELLER 
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CREATES LEGAL OBLIGATIONS ON THE SELLER; THEREFORE THE
SELLER 
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MAY WISH TO CONSULT
AN ATTORNEY PRIOR TO COMPLETION OF THIS 
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REPORT. 

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Property Address: ...........................................

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City, State & Zip Code: .....................................

 


 






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1
Seller's Name: ..............................................

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    This Report is a disclosure of certain conditions of the 
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residential real
property listed above in compliance with the 
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Residential Real Property
Disclosure Act.  This information is 
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provided as of ...(month) ...(day)
...(year), and does not 
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reflect any changes made or occurring after that date
or 
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information that becomes known to the seller after that date.  
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The
disclosures herein shall not be deemed warranties of any 
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kind by the seller or
any person representing any party in this 
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transaction.

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    In this form, "am aware" means to have actual notice or

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actual knowledge without any specific investigation or 
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inquiry.
In this form, "material defect" means a condition that 
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would
have a substantial adverse effect on the value of the 
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residential
real property or that would significantly impair 
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the health or
safety of future occupants of the residential 
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real property
unless the seller reasonably believes that the 
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condition has
been corrected.

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    The seller discloses the following information with the

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knowledge that even though the statements herein are not deemed

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to be warranties, prospective buyers may choose to rely on
this 
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information in deciding whether or not and on what terms
to 
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purchase the residential real property.   

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    The seller represents that to the best of his or her actual

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knowledge, the following statements have been accurately noted

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as "yes" (correct), "no" (incorrect), or "not applicable" to 
 


 






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the
property being sold.  If the seller indicates that the 
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response
to any statement, except number 1, is yes or not 
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applicable, the
seller shall provide an explanation, in the 
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additional information
area of this form. 





























































































































































5YESNON/A
61................Seller  has  occupied  the  property
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within the last 12 months.
8 (No explanation is needed.)


92................I am aware of flooding or  recurring
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leakage problems in the crawl
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space or basement.
123................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. 
164................I am  aware  of material  defects in
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the basement or foundation
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(including cracks and bulges).
195................I am aware of leaks or  material
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defects in the roof, ceilings, or
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chimney. 
226................I am  aware of  material  defects in
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the walls or floors.
247................I am aware of  material  defects  in
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the electrical system.
268................I am  aware  of  material defects in
 


 






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1
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
5
pool). 
69................I am aware of  material  defects  in 
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the well or well equipment.
810................I am  aware of  unsafe conditions in
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the drinking water.
1011................I am aware of  material  defects  in
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the heating, air conditioning, or
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ventilating systems. 
1312................I am  aware  of  material defects in
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the fireplace or woodburning 
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stove.
1613................I am aware of  material  defects  in
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the septic, sanitary sewer, or
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other disposal system.
1914................I am aware of unsafe  concentrations
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of radon on the premises.
2115................I am aware of unsafe  concentrations
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of or unsafe conditions relating
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to asbestos on the premises. 
2416................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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1
lead plumbing pipes or lead in
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the soil on the premises.
317................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.
818................I am aware of  current  infestations
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of termites or other wood boring
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insects. 
1119................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. 
1520................I  am  aware   of  underground  fuel
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storage tanks on the property.
1721................I am  aware  of boundary or lot line
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disputes. 
1922................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.


2423................I am aware that this property has



25 been used for the manufacture



26 of methamphetamine as





 


 






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1  defined in  Section 10 of



2 the    Methamphetamine Control



3 and Community Protection Act.

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    Note:  These disclosures are not intended to cover the 
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common
elements of a condominium, but only the actual 
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residential real
property including limited common elements 
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allocated to the
exclusive use thereof that form an integral 
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part of the
condominium unit. 

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    Note:  These disclosures are intended to reflect the current 
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condition of
the premises and do not include previous problems, 
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if any, that the seller
reasonably believes have been 
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corrected.

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    If any of the above are marked "not applicable" or "yes", 
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please explain here
or use additional pages, if necessary: 

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.............................................................

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.............................................................

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.............................................................

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    Check here if additional pages used: .....

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    Seller certifies that seller has prepared this statement 
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and
certifies that the information provided is based on the 
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actual
notice or actual knowledge of the seller without any 
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specific
investigation or inquiry on the part of the seller.  
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The seller
hereby authorizes any person representing any 
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principal in this
transaction to provide a copy of this report, 
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and to disclose
any information in the report, to any person in 
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connection
with any actual or anticipated sale of the property. 

 


 






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1
Seller: ............................... Date: ...............

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Seller: ............................... Date: ...............

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    THE PROSPECTIVE BUYER IS AWARE THAT THE PARTIES MAY CHOOSE

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TO NEGOTIATE AN AGREEMENT FOR THE SALE OF THE PROPERTY SUBJECT 
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TO
ANY OR ALL MATERIAL DEFECTS DISCLOSED IN THIS REPORT ("AS 
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IS").
THIS DISCLOSURE IS NOT A SUBSTITUTE FOR ANY INSPECTIONS 
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OR WARRANTIES
THAT THE PROSPECTIVE BUYER OR SELLER MAY WISH TO 
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OBTAIN
OR NEGOTIATE.  THE FACT THAT THE SELLER IS NOT AWARE OF A 
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PARTICULAR
CONDITION OR PROBLEM IS NO GUARANTEE THAT IT DOES 
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NOT EXIST.
THE PROSPECTIVE BUYER IS AWARE THAT HE MAY REQUEST 
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AN INSPECTION OF
THE PREMISES PERFORMED BY A QUALIFIED 
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PROFESSIONAL. 

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Prospective Buyer: .................. Date: ...... Time: ....

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Prospective Buyer: .................. Date: ...... Time: ....

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(Source: P.A. 90-383, eff. 1-1-98; 91-357, eff. 7-29-99.)