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It requires that sellers fully complete a form specifically answering 22 questions about a wide range of conditions of their property from foundation to plumbing and everywhere in between.
Transfers made by court order, default, divorce, and by government entities are exempt from the disclosure requirement. Sellers with exempt property should fill out an exemption certificate provided by the Delaware real estate commission.
Which transfers of property are exempt from a disclosure report? The property consists of one to four dwelling units. The property is sold at public auction. The property is a sale, exchange, land sales contract, or lease with option to buy.
The seller must disclose known material defects to a prospective buyer. Some of the information a seller must provide about the real estate includes: flooding or leakage, including in the crawl space, basement, roof, ceilings, or chimney. material defects in the roof, ceilings, chimney, walls, windows, doors, or floors.
You need not complete a disclosure form if you never occupied the property and never had management responsibility for it, nor if you hired someone else to manage it. (See 765 ILCS § 77/5.) The law applies to conventional sales, installment sales, and sales of property owned by an Illinois Land Trust.
You need not complete a disclosure form if you never occupied the property and never had management responsibility for it, nor if you hired someone else to manage it. (See 765 ILCS § 77/5.) The law applies to conventional sales, installment sales, and sales of property owned by an Illinois Land Trust.
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.
The Illinois Real Property Act requires sellers to disclose known defects and problems with a property. The law protects buyers from purchasing homes that have serious defects, and it protects sellers from liability for any defects that appear after a sale is completed.
It does not cover new construction that has never been occupied, commercial properties, or certain circumstances in which residential properties are transferred, including foreclosure sales, sales due to divorce, probate, or bankruptcy, or transfers between co-owners.