HB2559 - 104th General Assembly 


 

 
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2559
 
Introduced 2/4/2025, by Rep. Dagmara Avelar
 
SYNOPSIS AS INTRODUCED:
 
765 ILCS 77/35
    Amends the Real Property Disclosure Act. Requires the age of a roof to be disclosed in the Disclosure Report.


LRB104 08376 JRC 18427 b

 
 
A BILL FOR
 
HB2559LRB104 08376 JRC 18427 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Residential Real Property Disclosure Act is 
5amended by changing Section 35 as follows:
 
6    (765 ILCS 77/35)
7    Sec. 35. Disclosure report form. The disclosures required 
8of a seller by this Act shall be made in the following form: 
9
RESIDENTIAL REAL PROPERTY DISCLOSURE REPORT
10    NOTICE: THE PURPOSE OF THIS REPORT IS TO PROVIDE 
11PROSPECTIVE BUYERS WITH INFORMATION ABOUT MATERIAL DEFECTS IN 
12THE RESIDENTIAL REAL PROPERTY BEFORE THE SIGNING OF A 
13CONTRACT. THIS REPORT DOES NOT LIMIT THE PARTIES' RIGHT TO 
14CONTRACT FOR THE SALE OF RESIDENTIAL REAL PROPERTY IN "AS IS" 
15CONDITION. UNDER COMMON LAW, SELLERS WHO DISCLOSE MATERIAL 
16DEFECTS MAY BE UNDER A CONTINUING OBLIGATION TO ADVISE THE 
17PROSPECTIVE BUYERS ABOUT THE CONDITION OF THE RESIDENTIAL REAL 
18PROPERTY EVEN AFTER THE REPORT IS DELIVERED TO THE PROSPECTIVE 
19BUYER. COMPLETION OF THIS REPORT BY THE SELLER CREATES LEGAL 
20OBLIGATIONS ON THE SELLER; THEREFORE THE SELLER MAY WISH TO 
21CONSULT AN ATTORNEY PRIOR TO COMPLETION OF THIS REPORT. 
22Property Address: ...........................................

23City, State & Zip Code: .....................................

 
 
HB2559- 2 -LRB104 08376 JRC 18427 b

1Seller's Name: ..........................................
2    This Report is a disclosure of certain conditions of the 
3residential real property listed above in compliance with the 
4Residential Real Property Disclosure Act. This information is 
5provided as of ...(month) ...(day) ...(year). The disclosures 
6herein shall not be deemed warranties of any kind by the seller 
7or any person representing any party in this transaction.
8    In this form, "aware" means to have actual notice or 
9actual knowledge without any specific investigation or 
10inquiry. In this form, "material defect" means a condition 
11that would have a substantial adverse effect on the value of 
12the residential real property or that would significantly 
13impair the health or safety of future occupants of the 
14residential real property unless the seller reasonably 
15believes that the condition has been corrected.
16    The seller discloses the following information with the 
17knowledge that even though the statements herein are not 
18deemed to be warranties, prospective buyers may choose to rely 
19on this information in deciding whether or not and on what 
20terms to purchase the residential real property. 
21    The seller represents that to the best of his or her actual 
22knowledge, the following statements have been accurately noted 
23as "yes" (correct), "no" (incorrect), or "not applicable" to 
24the property being sold. If the seller indicates that the 
25response to any statement, except number 1, is yes or not 
26applicable, the seller shall provide an explanation in the 
 
 
HB2559- 3 -LRB104 08376 JRC 18427 b

1additional information area of this form. 
2YESNON/A
31................Seller has occupied the property
4 within the last 12 months.
5
6 (If "no," please identify capacity or explain relationship to property.)
72. ..... ..... ..... I currently have flood hazard 
8 insurance on the property. 
93................I am aware of flooding or recurring
10 leakage problems in the crawl
11 space or basement.
124................I am aware that the property is
13 located in a floodplain.
145................I am aware of material defects in
15 the basement or foundation
16 (including cracks and bulges).
176................I am aware of leaks or material
18 defects in the roof, ceilings, or
19 chimney. 
207................I am aware of material defects in
21 the walls, windows, doors, or floors.
228................I am aware of material defects in
23 the electrical system.
249................I am aware of material defects in
25 the plumbing system (includes
26 such things as water heater, sump
 
 
HB2559- 4 -LRB104 08376 JRC 18427 b

1 pump, water treatment system,
2 sprinkler system, and swimming
3 pool). 
410................I am aware of material defects in 
5 the well or well equipment.
611................I am aware of unsafe conditions in
7 the drinking water.
812................I am aware of material defects in
9 the heating, air conditioning, or
10 ventilating systems. 
1113................I am aware of material defects in
12 the fireplace or woodburning 
13 stove.
1414................I am aware of material defects in
15 the septic, sanitary sewer, or
16 other disposal system.
1715................I am aware of unsafe concentrations
18 of radon on the premises.
1916................I am aware of unsafe concentrations
20 of or unsafe conditions relating
21 to asbestos on the premises. 
2217................I am aware of unsafe concentrations
23 of or unsafe conditions relating
24 to lead paint, lead water pipes,
25 lead plumbing pipes or lead in
26 the soil on the premises.
 
 
HB2559- 5 -LRB104 08376 JRC 18427 b

118................I am aware of mine subsidence,
2 underground pits, settlement,
3 sliding, upheaval, or other earth
4 stability defects on the
5 premises.
619................I am aware of current infestations
7 of termites or other wood boring
8 insects. 
920................I am aware of a structural defect
10 caused by previous infestations
11 of termites or other wood boring
12 insects. 
1321................I am aware of underground fuel
14 storage tanks on the property.
1522................I am aware of boundary or lot line
16 disputes. 
1723................I have received notice of violation
18 of local, state or federal laws
19 or regulations relating to this
20 property, which violation has not
21 been corrected.
2224................I am aware that this property has 
23 been used for the manufacture 
24 of methamphetamine as 
25 defined in Section 10 of 
26 the Methamphetamine Control 
 
 
HB2559- 6 -LRB104 08376 JRC 18427 b

1 and Community Protection Act. 
225................I am aware that the roof of this 
3property is ..... years old.
4    Note: These disclosures are not intended to cover the 
5common elements of a condominium, but only the actual 
6residential real property including limited common elements 
7allocated to the exclusive use thereof that form an integral 
8part of the condominium unit. 
9    Note: These disclosures are intended to reflect the 
10current condition of the premises and do not include previous 
11problems, if any, that the seller reasonably believes have 
12been corrected.
13    If any of the above are marked "not applicable" or "yes", 
14please explain here or use additional pages, if necessary: 
15..

16.............................................................

17.............................................................
18    Check here if additional pages used: .....
19    Seller certifies that seller has prepared this report and 
20certifies that the information provided is based on the actual 
21notice or actual knowledge of the seller without any specific 
22investigation or inquiry on the part of the seller. The seller 
23hereby authorizes any person representing any principal in 
24this transaction to provide a copy of this report, and to 
25disclose any information in the report, to any person in 
26connection with any actual or anticipated sale of the 
 
 
HB2559- 7 -LRB104 08376 JRC 18427 b

1property. 
2    (This paragraph shall be printed in boldface type.) THE 
3SELLER ACKNOWLEDGES THAT THE SELLER IS REQUIRED TO PROVIDE 
4THIS DISCLOSURE REPORT TO THE PROSPECTIVE BUYER BEFORE THE 
5SIGNING OF THE CONTRACT AND HAS A CONTINUING OBLIGATION, 
6PURSUANT TO SECTION 30 OF THE RESIDENTIAL REAL PROPERTY 
7DISCLOSURE ACT, TO SUPPLEMENT THIS DISCLOSURE PRIOR TO 
8CLOSING. 
9Seller: ............................... Date: ...............

10Seller: ............................... Date: ...........
11    THE PROSPECTIVE BUYER IS AWARE THAT THE PARTIES MAY CHOOSE 
12TO NEGOTIATE AN AGREEMENT FOR THE SALE OF THE PROPERTY SUBJECT 
13TO ANY OR ALL MATERIAL DEFECTS DISCLOSED IN THIS REPORT ("AS 
14IS"). THIS DISCLOSURE IS NOT A SUBSTITUTE FOR ANY INSPECTIONS 
15OR WARRANTIES THAT THE PROSPECTIVE BUYER OR SELLER MAY WISH TO 
16OBTAIN OR NEGOTIATE. (The remainder of this paragraph shall be 
17printed in boldface type.) THE FACT THAT THE SELLER IS NOT 
18AWARE OF A PARTICULAR CONDITION OR PROBLEM IS NO GUARANTEE 
19THAT IT DOES NOT EXIST. THE PROSPECTIVE BUYER IS AWARE THAT THE 
20PROSPECTIVE BUYER MAY REQUEST AN INSPECTION OF THE PREMISES 
21PERFORMED BY A QUALIFIED PROFESSIONAL. 
22Prospective Buyer: .................. Date: ...... Time: ....

23Prospective Buyer: .................. Date: ...... Time: ....
24(Source: P.A. 102-765, eff. 5-13-22.)