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92_HB2442 LRB9205247DJmg 1 AN ACT in relation to 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 5 is amended by changing Section 35 as follows: 6 (765 ILCS 77/35) 7 Sec. 35. Disclosure report form. The disclosures 8 required of a seller by this Act mustshallbe made in the 9 following form: 10 RESIDENTIAL REAL PROPERTY DISCLOSURE REPORT 11 NOTICE: THE PURPOSE OF THIS REPORT IS TO PROVIDE 12 PROSPECTIVE BUYERS WITH INFORMATION ABOUT MATERIAL DEFECTS IN 13 THE RESIDENTIAL REAL PROPERTY. THIS REPORT DOES NOT LIMIT 14 THE PARTIES' RIGHT TO CONTRACT FOR THE SALE OF RESIDENTIAL 15 REAL PROPERTY IN "AS IS" CONDITION. UNDER COMMON LAW, 16 SELLERS WHO DISCLOSE MATERIAL DEFECTS MAY BE UNDER A 17 CONTINUING OBLIGATION TO ADVISE THE PROSPECTIVE BUYERS ABOUT 18 THE CONDITION OF THE RESIDENTIAL REAL PROPERTY EVEN AFTER THE 19 REPORT IS DELIVERED TO THE PROSPECTIVE BUYER. COMPLETION OF 20 THIS REPORT BY THE SELLER CREATES LEGAL OBLIGATIONS ON THE 21 SELLER; THEREFORE THE SELLER MAY WISH TO CONSULT AN ATTORNEY 22 PRIOR TO COMPLETION OF THIS REPORT. 23 Property Address: ........................................... 24 City, State & Zip Code: ..................................... 25 Seller's Name: .............................................. 26 This Report is a disclosure of certain conditions of the 27 residential real property listed above in compliance with the 28 Residential Real Property Disclosure Act. This information 29 is provided as of ...(month) ...(day) ...(year), and does not 30 reflect any changes made or occurring after that date or 31 information that becomes known to the seller after that date. -2- LRB9205247DJmg 1 The disclosures herein shall not be deemed warranties of any 2 kind by the seller or any person representing any party in 3 this transaction. 4 In this form, "am aware" means to have actual notice or 5 actual knowledge without any specific investigation or 6 inquiry. In this form, "material defect" means a condition 7 that would have a substantial adverse effect on the value of 8 the residential real property or that would significantly 9 impair the health or safety of future occupants of the 10 residential real property unless the seller reasonably 11 believes that the condition has been corrected. 12 The seller discloses the following information with the 13 knowledge that even though the statements herein are not 14 deemed to be warranties, prospective buyers may choose to 15 rely on this information in deciding whether or not and on 16 what terms to purchase the residential real property. 17 The seller represents that to the best of his or her 18 actual knowledge, the following statements have been 19 accurately noted as "yes" (correct), "no" (incorrect), or 20 "not applicable" to the property being sold. If the seller 21 indicates that the response to any statement, except number 22 1, is yes or not applicable, the seller shall provide an 23 explanation, in the additional information area of this form. 24 YES NO N/A 25 1 ...... ..... ..... Seller has occupied the property 26 within the last 12 months. (No 27 explanation is needed.) 28 2. ..... ..... ..... I am aware of flooding or recurring 29 leakage problems in the crawl 30 space or basement. 31 3. ..... ..... ..... I am aware that the property is 32 located in a flood plain or that I 33 currently have flood hazard 34 insurance on the property. -3- LRB9205247DJmg 1 4. ..... ..... ..... I am aware of material defects in 2 the basement or foundation 3 (including cracks and bulges). 4 5. ..... ..... ..... I am aware of leaks or material 5 defects in the roof, ceilings, or 6 chimney. 7 6. ..... ..... ..... I am aware of material defects in 8 the walls or floors. 9 7. ..... ..... ..... I am aware of material defects in 10 the electrical system. 11 8. ..... ..... ..... I am aware of material defects in 12 the plumbing system (includes 13 such things as water heater, sump 14 pump, water treatment system, 15 sprinkler system, and swimming 16 pool). 17 9. ..... ..... ..... I am aware of material defects in 18 the well or well equipment. 19 10. ..... ..... ..... I am aware of unsafe conditions in 20 the drinking water. 21 11. ..... ..... ..... I am aware of material defects in 22 the heating, air conditioning, or 23 ventilating systems. 24 12. ..... ..... ..... I am aware of material defects in 25 the fireplace or woodburning 26 stove. 27 13. ..... ..... ..... I am aware of material defects in 28 the septic, sanitary sewer, or 29 other disposal system. 30 14. ..... ..... ..... I am aware of unsafe concentrations 31 of radon on the premises. 32 15. ..... ..... ..... I am aware of unsafe concentrations 33 of or unsafe conditions relating 34 to asbestos on the premises. -4- LRB9205247DJmg 1 16. ..... ..... ..... I am aware of unsafe concentrations 2 of or unsafe conditions relating 3 to lead paint, lead water pipes, 4 lead plumbing pipes or lead in 5 the soil on the premises. 6 17. ..... ..... ..... I am aware of mine subsidence, 7 underground pits, settlement, 8 sliding, upheaval, or other earth 9 stability defects on the 10 premises. 11 18. ..... ..... ..... I am aware of current infestations 12 of termites or other wood boring 13 insects. 14 19. ..... ..... ..... I am aware of a structural defect 15 caused by previous infestations 16 of termites or other wood boring 17 insects. 18 20. ..... ..... ..... I am aware of underground fuel 19 storage tanks on the property. 20 21. ..... ..... ..... I am aware of boundary or lot line 21 disputes. 22 22. ..... ..... ..... I have received notice of violation 23 of local, state or federal laws 24 or regulations relating to this 25 property, which violation has not 26 been corrected. 27 Note: These disclosures are not intended to cover the 28 common elements of a condominium, but only the actual 29 residential real property including limited common elements 30 allocated to the exclusive use thereof that form an integral 31 part of the condominium unit. 32 Note: These disclosures are intended to reflect the 33 current condition of the premises and do not include previous 34 problems, if any, that the seller reasonably believes have -5- LRB9205247DJmg 1 been corrected. 2 If any of the above are marked "not applicable" or "yes", 3 please explain here or use additional pages, if necessary: 4 ............................................................. 5 ............................................................. 6 ............................................................. 7 Check here if additional pages used: ..... 8 Seller certifies that seller has prepared this statement 9 and certifies that the information provided is based on the 10 actual notice or actual knowledge of the seller without any 11 specific investigation or inquiry on the part of the seller. 12 The seller hereby authorizes any person representing any 13 principal in this transaction to provide a copy of this 14 report, and to disclose any information in the report, to any 15 person in connection with any actual or anticipated sale of 16 the property. 17 Seller: ............................... Date: ............... 18 Seller: ............................... Date: ............... 19 THE PROSPECTIVE BUYER IS AWARE THAT THE PARTIES MAY 20 CHOOSE TO NEGOTIATE AN AGREEMENT FOR THE SALE OF THE PROPERTY 21 SUBJECT TO ANY OR ALL MATERIAL DEFECTS DISCLOSED IN THIS 22 REPORT ("AS IS"). THIS DISCLOSURE IS NOT A SUBSTITUTE FOR 23 ANY INSPECTIONS OR WARRANTIES THAT THE PROSPECTIVE BUYER OR 24 SELLER MAY WISH TO OBTAIN OR NEGOTIATE. THE FACT THAT THE 25 SELLER IS NOT AWARE OF A PARTICULAR CONDITION OR PROBLEM IS 26 NO GUARANTEE THAT IT DOES NOT EXIST. THE PROSPECTIVE BUYER IS 27 AWARE THAT HE MAY REQUEST AN INSPECTION OF THE PREMISES 28 PERFORMED BY A QUALIFIED PROFESSIONAL. 29 Prospective Buyer: .................. Date: ...... Time: .... 30 Prospective Buyer: .................. Date: ...... Time: .... 31 (Source: P.A. 90-383, eff. 1-1-98; 91-357, eff. 7-29-99.)