Illinois General Assembly - Full Text of Public Act 098-0754

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Public Act 098-0754

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Public Act 0754 98TH GENERAL ASSEMBLY

Public Act 098-0754

SB2597 Enrolled LRB098 13576 HEP 48101 b

    AN ACT concerning civil law.

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

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

    (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. 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), and does not
reflect any changes made or occurring after that date or
information that becomes known to the seller after that date.
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, "am 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.
(No explanation is needed.)
2. ..... ..... ..... I am aware of flooding or recurring
leakage problems in the crawl
space or basement.
3. ..... ..... ..... I am aware that the property is
located in a flood plain or that I
currently have flood hazard
insurance on the property.
4. ..... ..... ..... I am aware of material defects in
the basement or foundation
(including cracks and bulges).
5. ..... ..... ..... I am aware of leaks or material
defects in the roof, ceilings, or
chimney.
6. ..... ..... ..... I am aware of material defects in
the walls, windows, doors, or floors.
7. ..... ..... ..... I am aware of material defects in
the electrical system.
8. ..... ..... ..... 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).
9. ..... ..... ..... I am aware of material defects in
the well or well equipment.
10. ..... ..... ..... I am aware of unsafe conditions in
the drinking water.
11. ..... ..... ..... I am aware of material defects in
the heating, air conditioning, or
ventilating systems.
12. ..... ..... ..... I am aware of material defects in
the fireplace or woodburning
stove.
13. ..... ..... ..... I am aware of material defects in
the septic, sanitary sewer, or
other disposal system.
14. ..... ..... ..... I am aware of unsafe concentrations
of radon on the premises.
15. ..... ..... ..... I am aware of unsafe concentrations
of or unsafe conditions relating
to asbestos on the premises.
16. ..... ..... ..... 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.
17. ..... ..... ..... I am aware of mine subsidence,
underground pits, settlement,
sliding, upheaval, or other earth
stability defects on the
premises.
18. ..... ..... ..... I am aware of current infestations
of termites or other wood boring
insects.
19. ..... ..... ..... I am aware of a structural defect
caused by previous infestations
of termites or other wood boring
insects.
20. ..... ..... ..... I am aware of underground fuel
storage tanks on the property.
21. ..... ..... ..... I am aware of boundary or lot line
disputes.
22. ..... ..... ..... I have received notice of violation
of local, state or federal laws
or regulations relating to this
property, which violation has not
been corrected.
23. ..... ..... ..... 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 statement
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.
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 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 HE MAY REQUEST
AN INSPECTION OF THE PREMISES PERFORMED BY A QUALIFIED
PROFESSIONAL.
Prospective Buyer: .................. Date: ...... Time: ....
Prospective Buyer: .................. Date: ...... Time: ....
(Source: P.A. 96-232, eff. 8-11-09.)

Effective Date: 1/1/2015

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