HB4677 96TH GENERAL ASSEMBLY

96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010
HB4677

Introduced , by Rep. Bill Mitchell

SYNOPSIS AS INTRODUCED:

765 ILCS 77/35

Amends the Residential Real Property Disclosure Act. Adds, to the residential real property disclosure report form, a disclosure of whether the seller is aware of a petition, agreement, or similar document relating to the annexation of the property.

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A BILL FOR

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1 AN ACT concerning civil law.

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: .....................................

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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

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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.

5		`YES`	`NO`	`N/A`
6	`1.`	`.....`	`.....`	`.....`	`Seller has occupied the property`
7					`within the last 12 months.`
8					`(No explanation is needed.)`
9	`2.`	`.....`	`.....`	`.....`	`I am aware of flooding or recurring`
10					`leakage problems in the crawl`
11					`space or basement.`
12	`3.`	`.....`	`.....`	`.....`	`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.`
16	`4.`	`.....`	`.....`	`.....`	`I am aware of material defects in`
17					`the basement or foundation`
18					`(including cracks and bulges).`
19	`5.`	`.....`	`.....`	`.....`	`I am aware of leaks or material`
20					`defects in the roof, ceilings, or`
21					`chimney.`
22	`6.`	`.....`	`.....`	`.....`	`I am aware of material defects in`
23					`the walls or floors.`
24	`7.`	`.....`	`.....`	`.....`	`I am aware of material defects in`
25					`the electrical system.`
26	`8.`	`.....`	`.....`	`.....`	`I am aware of material defects in`

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

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1					`lead plumbing pipes or lead in`
2					`the soil on the premises.`
3	`17.`	`.....`	`.....`	`.....`	`I am aware of mine subsidence,`
4					`underground pits, settlement,`
5					`sliding, upheaval, or other earth`
6					`stability defects on the`
7					`premises.`
8	`18.`	`.....`	`.....`	`.....`	`I am aware of current infestations`
9					`of termites or other wood boring`
10					`insects.`
11	`19.`	`.....`	`.....`	`.....`	`I am aware of a structural defect`
12					`caused by previous infestations`
13					`of termites or other wood boring`
14					`insects.`
15	`20.`	`.....`	`.....`	`.....`	`I am aware of underground fuel`
16					`storage tanks on the property.`
17	`21.`	`.....`	`.....`	`.....`	`I am aware of boundary or lot line`
18					`disputes.`
19	`22.`	`.....`	`.....`	`.....`	`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.`
24	`23.`	`.....`	`.....`	`.....`	`I am aware that this property has`
25					`been used for the manufacture`
26					`of methamphetamine as`

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1					`defined in Section 10 of`
2					`the Methamphetamine Control`
3					`and Community Protection Act.`
4	`24.`	`.....`	`.....`	`.....`	`I am aware of a petition,`
5					`agreement, or similar document`
6
7					`relating to the annexation of this property.`

8 Note: These disclosures are not intended to cover the

9 common elements of a condominium, but only the actual

10 residential real property including limited common elements

11 allocated to the exclusive use thereof that form an integral

12 part of the condominium unit.

13 Note: These disclosures are intended to reflect the current

14 condition of the premises and do not include previous problems,

15 if any, that the seller reasonably believes have been

16 corrected.

17 If any of the above are marked "not applicable" or "yes",

18 please explain here or use additional pages, if necessary:

19 .............................................................

20 .............................................................

21 .............................................................

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

23 Seller certifies that seller has prepared this statement

24 and certifies that the information provided is based on the

25 actual notice or actual knowledge of the seller without any

26 specific investigation or inquiry on the part of the seller.

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1 The seller hereby authorizes any person representing any

2 principal in this transaction to provide a copy of this report,

3 and to disclose any information in the report, to any person in

4 connection with any actual or anticipated sale of the property.

5 Seller: ............................... Date: ...............

6 Seller: ............................... Date: ...............

7 THE PROSPECTIVE BUYER IS AWARE THAT THE PARTIES MAY CHOOSE

8 TO NEGOTIATE AN AGREEMENT FOR THE SALE OF THE PROPERTY SUBJECT

9 TO ANY OR ALL MATERIAL DEFECTS DISCLOSED IN THIS REPORT ("AS

10 IS"). THIS DISCLOSURE IS NOT A SUBSTITUTE FOR ANY INSPECTIONS

11 OR WARRANTIES THAT THE PROSPECTIVE BUYER OR SELLER MAY WISH TO

12 OBTAIN OR NEGOTIATE. THE FACT THAT THE SELLER IS NOT AWARE OF A

13 PARTICULAR CONDITION OR PROBLEM IS NO GUARANTEE THAT IT DOES

14 NOT EXIST. THE PROSPECTIVE BUYER IS AWARE THAT HE MAY REQUEST

15 AN INSPECTION OF THE PREMISES PERFORMED BY A QUALIFIED

16 PROFESSIONAL.

17 Prospective Buyer: .................. Date: ...... Time: ....

18 Prospective Buyer: .................. Date: ...... Time: ....

19 (Source: P.A. 96-232, eff. 8-11-09.)