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Public Act 098-0754 Public Act 0754 98TH GENERAL ASSEMBLY |
Public Act 098-0754 | SB2597 Enrolled | LRB098 13576 HEP 48101 b |
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| 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: .....................................
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| 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.
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YES |
NO |
N/A |
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1. |
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Seller has occupied the property |
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within the last 12 months. |
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| | | | (No explanation is needed.) |
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2. |
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I am aware of flooding or recurring |
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leakage problems in the crawl |
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space or basement. |
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3. |
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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. |
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4. |
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I am aware of material defects in |
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the basement or foundation |
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(including cracks and bulges). |
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5. |
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I am aware of leaks or material |
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defects in the roof, ceilings, or |
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chimney. |
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6. |
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I am aware of material defects in |
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the walls , windows, doors, or floors. |
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7. |
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I am aware of material defects in |
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the electrical system. |
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8. |
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I am aware of material defects in |
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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 |
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pool). |
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9. |
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I am aware of material defects in |
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the well or well equipment. |
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10. |
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I am aware of unsafe conditions in |
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the drinking water. |
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11. |
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I am aware of material defects in |
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the heating, air conditioning, or |
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ventilating systems. |
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12. |
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I am aware of material defects in |
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the fireplace or woodburning |
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stove. |
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13. |
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I am aware of material defects in |
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the septic, sanitary sewer, or |
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other disposal system. |
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14. |
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I am aware of unsafe concentrations |
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of radon on the premises. |
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15. |
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I am aware of unsafe concentrations |
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of or unsafe conditions relating |
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to asbestos on the premises. |
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16. |
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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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lead plumbing pipes or lead in |
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the soil on the premises. |
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17. |
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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. |
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18. |
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I am aware of current infestations |
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of termites or other wood boring |
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insects. |
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19. |
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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. |
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20. |
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I am aware of underground fuel |
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storage tanks on the property. |
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21. |
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I am aware of boundary or lot line |
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disputes. |
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22. |
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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. |
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23. | ..... | ..... | ..... | I am aware that this property has
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| | | | been used for the manufacture
| |
| | | | of methamphetamine as
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| | | | | defined in Section 10 of
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| | | | the Methamphetamine Control
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| | | | and Community Protection Act.
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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.
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| 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.)
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Effective Date: 1/1/2015
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