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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Residential Real Property Disclosure Act is | ||||||
5 | amended by changing Section 5 as follows:
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6 | (765 ILCS 77/5)
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7 | Sec. 5. Definitions. As used in this Act, unless the | ||||||
8 | context otherwise
requires, the
following terms have the | ||||||
9 | meaning given in this Section:
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10 | "Residential real property" means real property improved | ||||||
11 | with not less
than one nor more than 4 residential dwelling | ||||||
12 | units; units in residential
cooperatives; or, condominium | ||||||
13 | units, including the limited common elements
allocated to the | ||||||
14 | exclusive use thereof that form an integral part of the
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15 | condominium unit. The term includes a manufactured home as | ||||||
16 | defined in subdivision (53) of Section 9-102 of the Uniform | ||||||
17 | Commercial Code that is real property as defined in the | ||||||
18 | Conveyance and Encumbrance of Manufactured Homes as Real | ||||||
19 | Property and Severance Act.
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20 | "Seller" means every person or entity who: | ||||||
21 | (1) is a beneficiary of an Illinois land trust; or | ||||||
22 | (2) has an interest, legal or equitable, in | ||||||
23 | residential real property as: |
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1 | (i) an owner; | ||||||
2 | (ii) a beneficiary of a
trust; | ||||||
3 | (iii) a beneficiary pursuant to testate | ||||||
4 | disposition, intestate succession, or a transfer on | ||||||
5 | death instrument; or | ||||||
6 | (iv) a contract purchaser or lessee of a ground | ||||||
7 | lease. | ||||||
8 | "Seller" does not include a party to a transfer that is | ||||||
9 | exempt under Section 15 or a beneficiary who has both (i) never | ||||||
10 | occupied the residential real property and (ii) never had | ||||||
11 | management responsibility for the residential real property .
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12 | "Prospective buyer" means any person or entity negotiating | ||||||
13 | or offering
to become an owner or lessee of a ground lease of | ||||||
14 | residential real property by means of a
transfer for value to | ||||||
15 | which this Act applies. | ||||||
16 | "Contract" means a written agreement by the seller and | ||||||
17 | prospective buyer that would, subject to the satisfaction of | ||||||
18 | any negotiated contingencies, require the prospective buyer to | ||||||
19 | accept a transfer of the residential real property.
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20 | (Source: P.A. 102-765, eff. 5-13-22.)
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21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law.
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