Full Text of HB4616 95th General Assembly
HB4616 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4616
Introduced , by Rep. Michael K. Smith SYNOPSIS AS INTRODUCED:
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Amends the Residential Real Property Disclosure Act. Requires the seller of the property to disclose whether the property has been used for the manufacture of methamphetamine. Effective immediately.
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A BILL FOR
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HB4616 |
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LRB095 18149 AJO 44232 b |
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| AN ACT concerning property.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Residential Real Property Disclosure Act is | | 5 |
| amended by changing Section 35 as follows:
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| (765 ILCS 77/35)
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| Sec. 35. Disclosure report form. The disclosures required | | 8 |
| of a seller
by this Act shall be made in the following form:
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| RESIDENTIAL REAL PROPERTY DISCLOSURE REPORT
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| 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.
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| Property Address: ...........................................
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| City, State & Zip Code: .....................................
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HB4616 |
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LRB095 18149 AJO 44232 b |
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| Seller's Name: ..............................................
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| 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.
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| In this form, "am aware" means to have actual notice or
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| 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.
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| The seller discloses the following information with the
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| knowledge that even though the statements herein are not deemed
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| 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.
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| The seller represents that to the best of his or her actual
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| knowledge, the following statements have been accurately noted
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| as "yes" (correct), "no" (incorrect), or "not applicable" to |
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HB4616 |
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LRB095 18149 AJO 44232 b |
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| 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.
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| 5 | | |
YES |
NO |
N/A |
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| 6 | | 1. |
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Seller has occupied the property |
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within the last 12 months. |
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| 8 | | | | | | (No explanation is needed.) |
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| 9 | | 2. |
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I am aware of flooding or recurring |
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leakage problems in the crawl |
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space or basement. |
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I am aware that the property is |
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located in a flood plain or that I |
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currently have flood hazard |
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insurance on the property. |
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| 16 | | 4. |
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I am aware of material defects in |
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the basement or foundation |
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(including cracks and bulges). |
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| 19 | | 5. |
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I am aware of leaks or material |
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defects in the roof, ceilings, or |
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chimney. |
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| 22 | | 6. |
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I am aware of material defects in |
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the walls or floors. |
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| 24 | | 7. |
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I am aware of material defects in |
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the electrical system. |
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| 26 | | 8. |
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I am aware of material defects in |
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HB4616 |
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LRB095 18149 AJO 44232 b |
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the plumbing system (includes |
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such things as water heater, sump |
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pump, water treatment system, |
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sprinkler system, and swimming |
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pool). |
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| 6 | | 9. |
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I am aware of material defects in |
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the well or well equipment. |
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| 8 | | 10. |
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I am aware of unsafe conditions in |
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the drinking water. |
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| 10 | | 11. |
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I am aware of material defects in |
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the heating, air conditioning, or |
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ventilating systems. |
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| 13 | | 12. |
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I am aware of material defects in |
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the fireplace or woodburning |
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stove. |
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| 16 | | 13. |
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I am aware of material defects in |
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the septic, sanitary sewer, or |
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other disposal system. |
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| 19 | | 14. |
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I am aware of unsafe concentrations |
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of radon on the premises. |
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I am aware of unsafe concentrations |
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of or unsafe conditions relating |
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to asbestos on the premises. |
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I am aware of unsafe concentrations |
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of or unsafe conditions relating |
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to lead paint, lead water pipes, |
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HB4616 |
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LRB095 18149 AJO 44232 b |
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lead plumbing pipes or lead in |
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the soil on the premises. |
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| 3 | | 17. |
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I am aware of mine subsidence, |
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underground pits, settlement, |
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sliding, upheaval, or other earth |
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stability defects on the |
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premises. |
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I am aware of current infestations |
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of termites or other wood boring |
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insects. |
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I am aware of a structural defect |
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caused by previous infestations |
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of termites or other wood boring |
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insects. |
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I am aware of underground fuel |
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storage tanks on the property. |
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I am aware of boundary or lot line |
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disputes. |
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I have received notice of violation |
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of local, state or federal laws |
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or regulations relating to this |
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property, which violation has not |
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been corrected. |
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| 24 | | 23. | ..... | ..... | ..... | I am aware that this property has
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| 25 | | | | | | been used for the manufacture
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| 26 | | | | | | of methamphetamine as
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HB4616 |
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LRB095 18149 AJO 44232 b |
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| | 1 | | | | | | defined in Section 10 of
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| 2 | | | | | | the Methamphetamine Control
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| 3 | | | | | | and Community Protection Act.
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| Note: These disclosures are not intended to cover the | | 5 |
| common
elements of a condominium, but only the actual | | 6 |
| residential real
property including limited common elements | | 7 |
| allocated to the
exclusive use thereof that form an integral | | 8 |
| part of the
condominium unit.
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| Note: These disclosures are intended to reflect the current | | 10 |
| condition of
the premises and do not include previous problems, | | 11 |
| if any, that the seller
reasonably believes have been | | 12 |
| corrected.
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| If any of the above are marked "not applicable" or "yes", | | 14 |
| please explain here
or use additional pages, if necessary:
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| .............................................................
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| .............................................................
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| .............................................................
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| Check here if additional pages used: .....
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| Seller certifies that seller has prepared this statement | | 20 |
| and
certifies that the information provided is based on the | | 21 |
| actual
notice or actual knowledge of the seller without any | | 22 |
| specific
investigation or inquiry on the part of the seller. | | 23 |
| The seller
hereby authorizes any person representing any | | 24 |
| principal in this
transaction to provide a copy of this report, | | 25 |
| and to disclose
any information in the report, to any person in | | 26 |
| connection
with any actual or anticipated sale of the property.
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HB4616 |
- 7 - |
LRB095 18149 AJO 44232 b |
|
| | 1 |
| Seller: ............................... Date: ...............
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| Seller: ............................... Date: ...............
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| THE PROSPECTIVE BUYER IS AWARE THAT THE PARTIES MAY CHOOSE
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| TO NEGOTIATE AN AGREEMENT FOR THE SALE OF THE PROPERTY SUBJECT | | 5 |
| TO
ANY OR ALL MATERIAL DEFECTS DISCLOSED IN THIS REPORT ("AS | | 6 |
| IS").
THIS DISCLOSURE IS NOT A SUBSTITUTE FOR ANY INSPECTIONS | | 7 |
| OR WARRANTIES
THAT THE PROSPECTIVE BUYER OR SELLER MAY WISH TO | | 8 |
| OBTAIN
OR NEGOTIATE. THE FACT THAT THE SELLER IS NOT AWARE OF A | | 9 |
| PARTICULAR
CONDITION OR PROBLEM IS NO GUARANTEE THAT IT DOES | | 10 |
| NOT EXIST.
THE PROSPECTIVE BUYER IS AWARE THAT HE MAY REQUEST | | 11 |
| AN INSPECTION OF
THE PREMISES PERFORMED BY A QUALIFIED | | 12 |
| PROFESSIONAL.
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| Prospective Buyer: .................. Date: ...... Time: ....
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| Prospective Buyer: .................. Date: ...... Time: ....
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| (Source: P.A. 90-383, eff. 1-1-98; 91-357, eff. 7-29-99.)
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| Section 99. Effective date. This Act takes effect upon | | 17 |
| becoming law.
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