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The (TDS) describes the condition of a property and, in the case of a sale, must be given to a prospective buyer as soon as practicable and before transfer of title.
If a seller fails to disclose a defect in the home that was known or should have been known to the seller, the seller can be held liable to the buyer. Typically, an Illinois contract for the purchase of real estate will explicitly outline liabilities to which sellers are subjected.
A Seller's Disclosure is a legal document that requires sellers to provide previously undisclosed details about the property's condition that prospective buyers may find unfavorable. This document is also known as a property disclosure, and it's important for both those buying a house and for those selling a house.
Statement (TDS) A mandatory disclosure prepared by a seller and given to prospective buyers setting forth any property defects known or suspected to exist by the seller, generically called a condition of property disclosure.
A Disclosure Statement is a written description of a contractor's cost accounting practices and procedures.
If a resolution with the seller can't be obtained, the new property owners can sue for damages, repair costs, as well as attorney & court fees, though the Illinois Real Estate Property Disclosure Act has a statute of limitations that only covers a time period of 1 year after the purchase.
Disclosing Home Defects: Sellers' Responsibilities If they forget or refuse, the sale is not valid. If a new home buyer discovers a material defect that the seller failed to disclose before the close of the sale, the law may give them the right to cancel the transaction.
Your Real Estate Broker's Disclosure Obligations After performing a thorough visual inspection, your broker must use the Agent Visual Inspection Disclosure form to tell potential sellers about any problems with the property that the broker discovered that would affect the value, desirability, or buyer's intended use.