96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0214


 
Introduced 1/20/2009, by Rep. Michael K. Smith
 
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. Effective immediately.
















LRB096 03298 AJO 13316 b

















 


 


A BILL FOR









 











HB0214

LRB096 03298 AJO 13316 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: ..............................................

2
    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

25
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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1
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
2
such things as water heater, sump
3
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 
26
connection
with any actual or anticipated sale of the property. 

 


 






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

2
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: ....

14
Prospective Buyer: .................. Date: ...... Time: ....

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


 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.