Illinois General Assembly - Bill Status for HB4322
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 Bill Status of HB4322  102nd General Assembly


Short Description:  RES REAL PROPERTY DISCLOSURE

House Sponsors
Rep. Curtis J. Tarver, II - Terra Costa Howard and Jaime M. Andrade, Jr.

Senate Sponsors
(Sen. Elgie R. Sims, Jr. - Patricia Van Pelt)

Last Action
DateChamber Action
  5/13/2022HousePublic Act . . . . . . . . . 102-0765

Statutes Amended In Order of Appearance
765 ILCS 77/5
765 ILCS 77/15
765 ILCS 77/20
765 ILCS 77/30
765 ILCS 77/35
765 ILCS 77/40
765 ILCS 77/45
765 ILCS 77/50
765 ILCS 77/55


Synopsis As Introduced
Amends the Residential Real Property Disclosure Act. Changes the definition of "seller". Defines "contract". Changes the phrases "disclosure document" and "disclosure statement" to "disclosure report". Provides that if a seller is involved in specified types of transfers, the seller is exempt from the Act, regardless of whether a disclosure report is delivered. Provides that the seller shall deliver to the prospective buyer the written disclosure report before the signing of a contract (rather than before the signing of a written agreement by the seller and prospective buyer that would require the prospective buyer to accept a transfer of the residential real property). Provides that if, prior to closing, any seller becomes aware (rather than has actual knowledge) of an error, inaccuracy, or omission in any prior disclosure report or supplement after delivery of that disclosure report or supplement to a prospective buyer, that seller shall supplement the prior disclosure report. Makes changes to the disclosure report form. Provides that if a seller discloses a material defect in the disclosure report, a prospective buyer, within 5 (rather than 3) business days after receipt of the disclosure report, may terminate the contract. Provides that if a seller discloses a material defect in a supplement to the disclosure, the prospective buyer shall not have a right to terminate unless: (i) the material defect results from an error, inaccuracy, or omission of which the seller had actual knowledge at the time of the prior disclosure; (ii) the material defect is not repairable prior to closing; or (iii) the material defect is repairable prior to closing, but within 5 business days after delivery of the supplemental disclosure, the seller declines, or otherwise fails to agree in writing, to repair the material defect. Allows for the disclosure report to be delivered by email or other electronic delivery. Makes other changes. Effective immediately.

House Floor Amendment No. 1
Adds reference to:
765 ILCS 77/65

Provides that newly constructed residential real property that has never been occupied does not include the rehabilitation of existing residential real property (rather than rehabilitation of an existing home). Provides that a seller who has indicated "no" to occupying the property within the last 12 months on a residential real property form shall identify capacity or explain the relationship to the property (rather than only explain the relationship to the property). Requires a copy of specific provisions of Article 2 (rather than a copy of the whole Act) to be printed on or as a part of the Residential Real Property Disclosure Report form.

Actions 
DateChamber Action
  1/3/2022HouseFiled with the Clerk by Rep. Curtis J. Tarver, II
  1/5/2022HouseFirst Reading
  1/5/2022HouseReferred to Rules Committee
  1/25/2022HouseAssigned to Judiciary - Civil Committee
  2/2/2022HouseDo Pass / Consent Calendar Judiciary - Civil Committee; 015-000-000
  2/9/2022HousePlaced on Calendar 2nd Reading - Consent Calendar
  2/15/2022HouseAdded Co-Sponsor Rep. Jaime M. Andrade, Jr.
  2/17/2022HouseSecond Reading - Consent Calendar
  2/17/2022HouseHeld on Calendar Order of Second Reading - Consent Calendar
  2/23/2022HouseRemoved from Consent Calendar Status Rep. Curtis J. Tarver, II
  2/23/2022HouseHeld on Calendar Order of Second Reading - Short Debate
  2/23/2022HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Curtis J. Tarver, II
  2/23/2022HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  2/25/2022HouseAdded Co-Sponsor Rep. Terra Costa Howard
  2/25/2022HouseRemoved Co-Sponsor Rep. Terra Costa Howard
  3/1/2022HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Civil Committee
  3/2/2022HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary - Civil Committee; 013-000-000
  3/2/2022HouseAdded Chief Co-Sponsor Rep. Terra Costa Howard
  3/2/2022HouseHouse Floor Amendment No. 1 Adopted
  3/2/2022HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/3/2022HouseThird Reading - Short Debate - Passed 111-000-000
  3/4/2022SenateArrive in Senate
  3/4/2022SenatePlaced on Calendar Order of First Reading
  3/4/2022SenateChief Senate Sponsor Sen. Elgie R. Sims, Jr.
  3/4/2022SenateFirst Reading
  3/4/2022SenateReferred to Assignments
  3/16/2022SenateAssigned to Judiciary
  3/23/2022SenateDo Pass Judiciary; 007-000-000
  3/23/2022SenatePlaced on Calendar Order of 2nd Reading
  3/23/2022SenateSecond Reading
  3/23/2022SenatePlaced on Calendar Order of 3rd Reading March 24, 2022
  3/31/2022SenateThird Reading - Passed; 053-000-000
  3/31/2022HousePassed Both Houses
  4/1/2022SenateAdded as Alternate Chief Co-Sponsor Sen. Patricia Van Pelt
  4/28/2022HouseSent to the Governor
  5/13/2022HouseGovernor Approved
  5/13/2022HouseEffective Date May 13, 2022
  5/13/2022HousePublic Act . . . . . . . . . 102-0765

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