SB0310 Engrossed

LRB095 10796 AJO 31044 b






1
    AN ACT concerning property.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Residential Real Property Disclosure Act is 
5
amended  by changing Section 35 as follows:
 



6
    (765 ILCS 77/35)



7
    Sec. 35. Disclosure report form. The disclosures required 
8
of 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 
11
PROSPECTIVE BUYERS WITH
INFORMATION ABOUT MATERIAL DEFECTS IN 
12
THE RESIDENTIAL REAL PROPERTY.  THIS
REPORT DOES NOT LIMIT THE 
13
PARTIES' RIGHT TO CONTRACT FOR THE SALE OF
RESIDENTIAL
REAL 
14
PROPERTY IN "AS IS" CONDITION.  UNDER COMMON LAW, SELLERS WHO 
15
DISCLOSE
MATERIAL DEFECTS MAY BE UNDER A CONTINUING OBLIGATION 
16
TO ADVISE THE PROSPECTIVE
BUYERS ABOUT THE CONDITION OF THE 
17
RESIDENTIAL REAL PROPERTY EVEN AFTER THE
REPORT IS DELIVERED TO 
18
THE PROSPECTIVE BUYER.  COMPLETION OF THIS REPORT BY
THE
SELLER 
19
CREATES LEGAL OBLIGATIONS ON THE SELLER; THEREFORE THE
SELLER 
20
MAY WISH TO CONSULT
AN ATTORNEY PRIOR TO COMPLETION OF THIS 
21
REPORT. 

22
Property Address: ...........................................

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

 


 






SB0310 Engrossed
- 2 -
LRB095 10796 AJO 31044 b




1
Seller's Name: ..............................................

2
    This Report is a disclosure of certain conditions of the 
3
residential real
property listed above in compliance with the 
4
Residential Real Property
Disclosure Act.  This information is 
5
provided as of ...(month) ...(day)
...(year), and does not 
6
reflect any changes made or occurring after that date
or 
7
information that becomes known to the seller after that date.  
8
The
disclosures herein shall not be deemed warranties of any 
9
kind by the seller or
any person representing any party in this 
10
transaction.

11
    In this form, "am aware" means to have actual notice or

12
actual knowledge without any specific investigation or 
13
inquiry.
In this form, "material defect" means a condition that 
14
would
have a substantial adverse effect on the value of the 
15
residential
real property or that would significantly impair 
16
the health or
safety of future occupants of the residential 
17
real property
unless the seller reasonably believes that the 
18
condition has
been corrected.

19
    The seller discloses the following information with the

20
knowledge that even though the statements herein are not deemed

21
to be warranties, prospective buyers may choose to rely on
this 
22
information in deciding whether or not and on what terms
to 
23
purchase the residential real property.   

24
    The seller represents that to the best of his or her actual

25
knowledge, the following statements have been accurately noted

26
as "yes" (correct), "no" (incorrect), or "not applicable" to 
 


 






SB0310 Engrossed
- 3 -
LRB095 10796 AJO 31044 b




1
the
property being sold.  If the seller indicates that the 
2
response
to any statement, except number 1, is yes or not 
3
applicable, the
seller shall provide an explanation, in the 
4
additional information
area of this form. 







































































































































5YESNON/A
61................Seller  has  occupied  the  property
7
within the last 12 months.
8 (No explanation is needed.)


92................I am aware of flooding or  recurring
10
leakage problems in the crawl
11
space or basement.
123................I  am  aware  that  the  property is
13
located in a flood plain or that I
14
currently have flood hazard
15
insurance on the property. 
164................I am  aware  of material  defects in
17
the basement or foundation
18
(including cracks and bulges).
195................I am aware of leaks or  material
20
defects in the roof, ceilings, or
21
chimney. 
226................I am  aware of  material  defects in
23
the walls or floors.
247................I am aware of  material  defects  in
25
the electrical system.
268................I am  aware  of  material defects in
 


 






SB0310 Engrossed
- 4 -
LRB095 10796 AJO 31044 b

































































































































































1
the plumbing system (includes
2
such things as water heater, sump
3
pump, water treatment system,
4
sprinkler system, and swimming
5
pool). 
69................I am aware of  material  defects  in 
7
the well or well equipment.
810................I am  aware of  unsafe conditions in
9
the drinking water.
1011................I am aware of  material  defects  in
11
the heating, air conditioning, or
12
ventilating systems. 
1312................I am  aware  of  material defects in
14
the fireplace or woodburning 
15
stove.
1613................I am aware of  material  defects  in
17
the septic, sanitary sewer, or
18
other disposal system.
1914................I am aware of unsafe  concentrations
20
of radon on the premises.
2115................I am aware of unsafe  concentrations
22
of or unsafe conditions relating
23
to asbestos on the premises. 
2416................I am aware of unsafe  concentrations
25
of or unsafe conditions relating
26
to lead paint, lead water pipes,


 


 






SB0310 Engrossed
- 5 -
LRB095 10796 AJO 31044 b
















































































































































1
lead plumbing pipes or lead in
2
the soil on the premises.
317................I  am  aware  of  mine   subsidence,
4
underground pits, settlement,
5
sliding, upheaval, or other earth
6
stability defects on the
7
premises.
818................I am aware of  current  infestations
9
of termites or other wood boring
10
insects. 
1119................I am aware  of  a structural  defect
12
caused by previous infestations
13
of termites or other wood boring
14
insects. 
1520................I  am  aware   of  underground  fuel
16
storage tanks on the property.
1721................I am  aware  of boundary or lot line
18
disputes. 
1922................I have received notice of  violation
20
of local, state or federal laws
21
or regulations relating to this
22
property, which violation has not
23
been corrected.


2423................I am aware that this property has



25 been used for the manufacture



26 of methamphetamine.

 


 






SB0310 Engrossed
- 6 -
LRB095 10796 AJO 31044 b




1
    Note:  These disclosures are not intended to cover the 
2
common
elements of a condominium, but only the actual 
3
residential real
property including limited common elements 
4
allocated to the
exclusive use thereof that form an integral 
5
part of the
condominium unit. 

6
    Note:  These disclosures are intended to reflect the current 
7
condition of
the premises and do not include previous problems, 
8
if any, that the seller
reasonably believes have been 
9
corrected.

10
    If any of the above are marked "not applicable" or "yes", 
11
please explain here
or use additional pages, if necessary: 

12
.............................................................

13
.............................................................

14
.............................................................

15
    Check here if additional pages used: .....

16
    Seller certifies that seller has prepared this statement 
17
and
certifies that the information provided is based on the 
18
actual
notice or actual knowledge of the seller without any 
19
specific
investigation or inquiry on the part of the seller.  
20
The seller
hereby authorizes any person representing any 
21
principal in this
transaction to provide a copy of this report, 
22
and to disclose
any information in the report, to any person in 
23
connection
with any actual or anticipated sale of the property. 

24
Seller: ............................... Date: ...............

25
Seller: ............................... Date: ...............

26
    THE PROSPECTIVE BUYER IS AWARE THAT THE PARTIES MAY CHOOSE

 


 






SB0310 Engrossed
- 7 -
LRB095 10796 AJO 31044 b




1
TO NEGOTIATE AN AGREEMENT FOR THE SALE OF THE PROPERTY SUBJECT 
2
TO
ANY OR ALL MATERIAL DEFECTS DISCLOSED IN THIS REPORT ("AS 
3
IS").
THIS DISCLOSURE IS NOT A SUBSTITUTE FOR ANY INSPECTIONS 
4
OR WARRANTIES
THAT THE PROSPECTIVE BUYER OR SELLER MAY WISH TO 
5
OBTAIN
OR NEGOTIATE.  THE FACT THAT THE SELLER IS NOT AWARE OF A 
6
PARTICULAR
CONDITION OR PROBLEM IS NO GUARANTEE THAT IT DOES 
7
NOT EXIST.
THE PROSPECTIVE BUYER IS AWARE THAT HE MAY REQUEST 
8
AN INSPECTION OF
THE PREMISES PERFORMED BY A QUALIFIED 
9
PROFESSIONAL. 

10
Prospective Buyer: .................. Date: ...... Time: ....

11
Prospective Buyer: .................. Date: ...... Time: ....

12
(Source: P.A. 90-383, eff. 1-1-98; 91-357, eff. 7-29-99.)


 
13
    Section 99. Effective date. This Act takes effect 6 months 
14
after becoming law.