Illinois General Assembly - Illinois Compiled Statutes

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765 ILCS 77/35

(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 BEFORE THE SIGNING OF A CONTRACT.  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).  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, "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.

	`YES`	`NO`	`N/A`
`1.`	`.....`	`.....`	`.....`	`Seller has occupied the property`
				`within the last 12 months.`
				`(If "no," please identify capacity or explain relationship to property.)`
`2.`	`.....`	`.....`	`.....`	`I currently have flood hazard`
				`insurance on the property.`
`3.`	`.....`	`.....`	`.....`	`I am aware of flooding or recurring`
				`leakage problems in the crawl`
				`space or basement.`
`4.`	`.....`	`.....`	`.....`	`I am aware that the property is`
				`located in a floodplain.`
`5.`	`.....`	`.....`	`.....`	`I am aware of material defects in`
				`the basement or foundation`
				`(including cracks and bulges).`
`6.`	`.....`	`.....`	`.....`	`I am aware of leaks or material`
				`defects in the roof, ceilings, or`
				`chimney.`
`7.`	`.....`	`.....`	`.....`	`I am aware of material defects in`
				`the walls, windows, doors, or floors.`
`8.`	`.....`	`.....`	`.....`	`I am aware of material defects in`
				`the electrical system.`
`9.`	`.....`	`.....`	`.....`	`I am aware of material defects in`
				`the plumbing system (includes`
				`such things as water heater, sump`
				`pump, water treatment system,`
				`sprinkler system, and swimming`
				`pool).`
`10.`	`.....`	`.....`	`.....`	`I am aware of material defects in`
				`the well or well equipment.`
`11.`	`.....`	`.....`	`.....`	`I am aware of unsafe conditions in`
				`the drinking water.`
`12.`	`.....`	`.....`	`.....`	`I am aware of material defects in`
				`the heating, air conditioning, or`
				`ventilating systems.`
`13.`	`.....`	`.....`	`.....`	`I am aware of material defects in`
				`the fireplace or woodburning`
				`stove.`
`14.`	`.....`	`.....`	`.....`	`I am aware of material defects in`
				`the septic, sanitary sewer, or`
				`other disposal system.`
`15.`	`.....`	`.....`	`.....`	`I am aware of unsafe concentrations`
				`of radon on the premises.`
`16.`	`.....`	`.....`	`.....`	`I am aware of unsafe concentrations`
				`of or unsafe conditions relating`
				`to asbestos on the premises.`
`17.`	`.....`	`.....`	`.....`	`I am aware of unsafe concentrations`
				`of or unsafe conditions relating`
				`to lead paint, lead water pipes,`
				`lead plumbing pipes or lead in`
				`the soil on the premises.`
`18.`	`.....`	`.....`	`.....`	`I am aware of mine subsidence,`
				`underground pits, settlement,`
				`sliding, upheaval, or other earth`
				`stability defects on the`
				`premises.`
`19.`	`.....`	`.....`	`.....`	`I am aware of current infestations`
				`of termites or other wood boring`
				`insects.`
`20.`	`.....`	`.....`	`.....`	`I am aware of a structural defect`
				`caused by previous infestations`
				`of termites or other wood boring`
				`insects.`
`21.`	`.....`	`.....`	`.....`	`I am aware of underground fuel`
				`storage tanks on the property.`
`22.`	`.....`	`.....`	`.....`	`I am aware of boundary or lot line`
				`disputes.`
`23.`	`.....`	`.....`	`.....`	`I have received notice of violation`
				`of local, state or federal laws`
				`or regulations relating to this`
				`property, which violation has not`
				`been corrected.`
`24.`	`.....`	`.....`	`.....`	`I am aware that this property has`
				`been used for the manufacture`
				`of methamphetamine as`
				`defined in Section 10 of`
				`the Methamphetamine Control`
				`and Community Protection Act.`

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:

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

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

Seller certifies that seller has prepared this report 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.

(This paragraph shall be printed in boldface type.) THE SELLER ACKNOWLEDGES THAT THE SELLER IS REQUIRED TO PROVIDE THIS DISCLOSURE REPORT TO THE PROSPECTIVE BUYER BEFORE THE SIGNING OF THE CONTRACT AND HAS A CONTINUING OBLIGATION, PURSUANT TO SECTION 30 OF THE RESIDENTIAL REAL PROPERTY DISCLOSURE ACT, TO SUPPLEMENT THIS DISCLOSURE PRIOR TO CLOSING.

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 remainder of this paragraph shall be printed in boldface type.)  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 THE PROSPECTIVE BUYER MAY REQUEST AN INSPECTION OF
THE PREMISES PERFORMED BY A QUALIFIED PROFESSIONAL.

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

(Source: P.A. 102-765, eff. 5-13-22.)