Sen. John M. Sullivan
Filed: 11/15/2016
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 168 




2    AMENDMENT NO. ______. Amend Senate Bill 168 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Residential Real Property Disclosure Act is 
5amended  by changing Section 15 as follows:
 



6    (765 ILCS 77/15)



7    Sec. 15. The provisions of this Act do not apply to the 
8following: 


9    (1) Transfers pursuant to court order, including, but not

10limited to, transfers ordered by a probate court in 
11administration of an
estate, transfers between spouses 
12resulting from a  judgment of dissolution of
marriage or legal 
13separation, transfers pursuant to an order of possession,

14transfers by a trustee in bankruptcy, transfers by eminent 
15domain, and
transfers resulting from a decree for specific 
16performance. 

 
 
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1    (2) Transfers from a mortgagor to a mortgagee by deed in 
2lieu of
foreclosure or consent judgment, transfer by judicial 
3deed issued pursuant to a
foreclosure sale to the successful 
4bidder or the assignee of a certificate of
sale, transfer by a 
5collateral assignment of a beneficial interest of a land
trust, 
6or a transfer by a mortgagee or a successor in interest to the

7mortgagee's secured position or a beneficiary under a deed in 
8trust who has
acquired the real property
by deed in lieu of 
9foreclosure, consent judgment or judicial deed issued
pursuant 
10to a foreclosure sale.

11    (3) Transfers by a fiduciary in the course of the 
12administration of a
decedent's estate, guardianship, 
13conservatorship, or trust. 

14    (4) Transfers from one co-owner to one or more other 
15co-owners. 

16    (5) Transfers pursuant to testate or intestate succession.

17    (6) Transfers made to a spouse, or to a person or persons

18in the lineal line of consanguinity of one or more of the 
19sellers.

20    (7) Transfers from an entity that has taken title to

21residential real property from a seller for the purpose of 
22assisting
in the relocation of the seller, so long as the 
23entity
makes available to all prospective buyers a copy of the 
24disclosure form
furnished to the entity by the seller. 

25    (8) Transfers to or from any governmental entity.

26    (9) Transfers of newly constructed residential real 
 
 
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1property that has not
been occupied.
2    (10) Transfers of residential real property that is 
3disclosed or advertised as uninhabitable and that has not been 
4occupied for the preceding 3 consecutive years or longer. 

5(Source: P.A. 88-111.)".