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AL 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 SELLER CREATES LEGAL OBLIGATIONS ON SELLER THEREFORE SELLER MAY WISH TO CONSULT AN ATTORN.
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Assignee FAQ
Did you know that mold disclosure forms are not required by Illinois law in real estate transactions? Many buyers are surprised to hear this, but there are no specific statutory requirements for sellers to provide regarding disclosure of mold. There is no state or federal requirement to do so.
Mold Disclosure Requirements in California California requires sellers of residential buildings with up to four units to disclose in writing any known hazardous conditions, including mold. (Cal. Civ. Code §§ 1102-1102.19 (2024).)
Landlord Liability for Mold in Illinois If a judge or jury agrees that the owner negligently created a mold problem or allowed one to continue at a property, the owner could be on the hook for any harm.
There are no federal laws requiring sellers to disclose that their home has a mold problem. Many states also don't require that homeowners include mold issues on the Seller's Disclosure form listing known problems with a home, though some do.
Visible mold is covered by the California Housing Code: visible residential mold at a level that may be hazardous to occupants is a condition that makes housing substandard. The visible mold can be cited by local code enforcement so that the owner is required to remediate the problem.
Illinois law requires you, as a home seller, to tell a prospective buyer, in writing, about any material defects on the property that you actually know about.
Under the California Code, a reasonable time is defined as within 30 days from the day the landlord received notice from the tenant. If a landlord does not respond, a tenant may take action against their landlord. If an individual is facing these issues, they should consult with a local California attorney.
The Residential Real Property Disclosure Act is an Illinois statute that was enacted in 1998 with the purpose of protecting home buyers from unscrupulous sellers who falsely report the condition of their property. It is supposed to provide buyers with a reliable representation on the major conditions of a property.
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