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INFORMATION
HOMES / REAL ESTATE
Notes for Home Sellers
Showing Your Home
Disclosing Defects In
Your Home
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DISCLOSING DEEFECTS IN YOUR HOME
Illinois home sellers, with a some exceptions,
must disclose defects on the property of which they are aware. A
copy of the form from the state law is below. However, laws
occasionally change, and it is set forth here for information only.
Check with your attorney or Realtor for a copy of the current form.
Your attorney can tell you if your situation excepts you from making these
disclosures.
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RESIDENTIAL REAL PROPERTY DISCLOSURE
REPORT |
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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.
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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. |
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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. |
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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. |
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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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Property address |
_______________________________________________ |
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City, State, Zip |
_______________________________________________ |
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Seller's name |
_______________________________________________ |
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YES |
NO |
N/A |
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1. |

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Seller has occupied the property within
the last 12 months. (No explanation is needed.) |
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2. |

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I am aware of flooding or recurring
leakage problems in the crawl space or basement. |
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3. |

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I am aware that the property is located in
a flood plain or that I currently have flood hazard insurance on the
property. |
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4. |

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I am aware of material defects in the
basement or foundation (including cracks and bulges). |
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5. |

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I am aware of leaks or material defects in
the roof, ceilings, or chimney. |
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6. |

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I am aware of material defects in the
walls or floors. |
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7. |

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I am aware of material defects in the
electrical system. |
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8. |

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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). |
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9. |

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I am aware of material defects in the well
or well equipment. |
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10. |

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I am aware of unsafe conditions in the
drinking water. |
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11. |

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I am aware of material defects in the
heating, air conditioning, or ventilating systems. |
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12. |

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I am aware of material defects in the
fireplace or woodburning stove. |
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13. |

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I am aware of material defects in the
septic, sanitary sewer, or other disposal system. |
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14. |

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I am aware of unsafe concentrations of
radon on the premises. |
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15. |

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I am aware of unsafe concentrations of or
unsafe conditions relating to asbestos on the premises. |
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16. |

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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. |
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17. |

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I am aware of mine subsidence, underground
pits, settlement, sliding, upheaval, or other earth stability defects on
the premises. |
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18. |

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I am aware of current infestations of
termites or other wood boring insects. |
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19. |

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I am aware of a structural defect caused
by previous infestations of termites or other wood boring insects. |
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20. |

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I am aware of underground fuel storage
tanks on the property. |
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21. |

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I am aware of boundary or lot line
disputes. |
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22. |

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I have received notice of violation of
local, state or federal laws or regulations relating to this property,
which violation has not been corrected. |
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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. |
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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.
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If any of the above are marked "not
applicable" or "yes", please explain here or use additional pages, if
necessary: |
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______________________________________________________________ |
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______________________________________________________________ |
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______________________________________________________________ |
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Check here if additional pages are used. |
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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: ______________ |
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Seller:
_______________________________
Date: ______________ |
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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.
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Prospective Buyer: _____________________
Date: _____ Time: _____ |
Prospective Buyer: _____________________
Date: _____ Time: _____
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Call for a free telephone consultation today
708-647-1900
jbs@SpinaLaw.com
______________________________________________________
ALL INFORMATION ON THIS WEBSITE IS EDUCATIONAL IN NATURE.
IT IS NOT LEGAL ADVICE IN ANY RESPECT.
CONTACT YOUR ATTORNEY FOR ADVICE SPECIFIC TO YOUR NEEDS.
______________________________________________________
All material on this website copyright © 1996 – 2010
Some Illinois communities served:
Beecher, Berwyn, Blue Island, Bourbonnais, Burr Ridge, Calumet City,
Calumet Park, Chicago Heights, Chicago Ridge, Chicago, Country Club Hills,
Crete, Dixmoor, Dolton, East Hazel Crest, Elmhurst, Elmwood Park,
Evergreen Park, Flossmoor, Ford Heights, Frankfort, Glenwood, Harvey,
Homer Glen, Hazel Crest, Homewood, Lansing, Lisle, Lynwood, Manhattan,
Manteno, Markham, Matteson, Maywood, Minooka, Mokena, Monee, Oak Lawn,
Olympia Fields, Orland Hills, Orland Park, Palos Heights, Palos Park, Park
Forest, Peotone, Phoenix, Rich Township, Richton Park, Robbins, Sauk
Village, South Chicago Heights, South Holland, Steger, Thornton, Tinley
Park, University Park, West Frankfort, Wheaton, Wilmington, Worth.
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