Public Act 098-0754
 
SB2597 EnrolledLRB098 13576 HEP 48101 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Residential Real Property Disclosure Act is 
amended  by changing Section 35 as follows:
 



    (765 ILCS 77/35)



    Sec. 35. Disclosure report form. The disclosures required 
of a seller
by this Act shall be made in the following form: 

RESIDENTIAL REAL PROPERTY DISCLOSURE REPORT


    NOTICE:  THE PURPOSE OF THIS REPORT IS TO PROVIDE 
PROSPECTIVE BUYERS WITH
INFORMATION ABOUT MATERIAL DEFECTS IN 
THE RESIDENTIAL REAL PROPERTY.  THIS
REPORT DOES NOT LIMIT THE 
PARTIES' RIGHT TO CONTRACT FOR THE SALE OF
RESIDENTIAL
REAL 
PROPERTY IN "AS IS" CONDITION.  UNDER COMMON LAW, SELLERS WHO 
DISCLOSE
MATERIAL DEFECTS MAY BE UNDER A CONTINUING OBLIGATION 
TO ADVISE THE PROSPECTIVE
BUYERS ABOUT THE CONDITION OF THE 
RESIDENTIAL REAL PROPERTY EVEN AFTER THE
REPORT IS DELIVERED TO 
THE PROSPECTIVE BUYER.  COMPLETION OF THIS REPORT BY
THE
SELLER 
CREATES LEGAL OBLIGATIONS ON THE SELLER; THEREFORE THE
SELLER 
MAY WISH TO CONSULT
AN ATTORNEY PRIOR TO COMPLETION OF THIS 
REPORT. 

Property Address: ...........................................

City, State & Zip Code: .....................................

Seller's Name: ..............................................

    This Report is a disclosure of certain conditions of the 
residential real
property listed above in compliance with the 
Residential Real Property
Disclosure Act.  This information is 
provided as of ...(month) ...(day)
...(year), and does not 
reflect any changes made or occurring after that date
or 
information that becomes known to the seller after that date.  
The
disclosures herein shall not be deemed warranties of any 
kind by the seller or
any person representing any party in this 
transaction.

    In this form, "am aware" means to have actual notice or

actual knowledge without any specific investigation or 
inquiry.
In this form, "material defect" means a condition that 
would
have a substantial adverse effect on the value of the 
residential
real property or that would significantly impair 
the health or
safety of future occupants of the residential 
real property
unless the seller reasonably believes that the 
condition has
been corrected.

    The seller discloses the following information with the

knowledge that even though the statements herein are not deemed

to be warranties, prospective buyers may choose to rely on
this 
information in deciding whether or not and on what terms
to 
purchase the residential real property.   

    The seller represents that to the best of his or her actual

knowledge, the following statements have been accurately noted

as "yes" (correct), "no" (incorrect), or "not applicable" to 
the
property being sold.  If the seller indicates that the 
response
to any statement, except number 1, is yes or not 
applicable, the
seller shall provide an explanation, in the 
additional information
area of this form. 





























































































































































YESNON/A
1................Seller  has  occupied  the  property

within the last 12 months.
 (No explanation is needed.)
2................I am aware of flooding or  recurring

leakage problems in the crawl

space or basement.
3................I  am  aware  that  the  property is

located in a flood plain or that I

currently have flood hazard

insurance on the property. 
4................I am  aware  of material  defects in

the basement or foundation

(including cracks and bulges).
5................I am aware of leaks or  material

defects in the roof, ceilings, or

chimney. 
6................I am  aware of  material  defects in

the walls, windows, doors, or floors.
7................I am aware of  material  defects  in

the electrical system.
8................I am  aware  of  material defects in
























































































































































































the plumbing system (includes

such things as water heater, sump

pump, water treatment system,

sprinkler system, and swimming

pool). 
9................I am aware of  material  defects  in 

the well or well equipment.
10................I am  aware of  unsafe conditions in

the drinking water.
11................I am aware of  material  defects  in

the heating, air conditioning, or

ventilating systems. 
12................I am  aware  of  material defects in

the fireplace or woodburning 

stove.
13................I am aware of  material  defects  in

the septic, sanitary sewer, or

other disposal system.
14................I am aware of unsafe  concentrations

of radon on the premises.
15................I am aware of unsafe  concentrations

of or unsafe conditions relating

to asbestos on the premises. 
16................I am aware of unsafe  concentrations

of or unsafe conditions relating

to lead paint, lead water pipes,

































































































































































lead plumbing pipes or lead in

the soil on the premises.
17................I  am  aware  of  mine   subsidence,

underground pits, settlement,

sliding, upheaval, or other earth

stability defects on the

premises.
18................I am aware of  current  infestations

of termites or other wood boring

insects. 
19................I am aware  of  a structural  defect

caused by previous infestations

of termites or other wood boring

insects. 
20................I  am  aware   of  underground  fuel

storage tanks on the property.
21................I am  aware  of boundary or lot line

disputes. 
22................I have received notice of  violation

of local, state or federal laws

or regulations relating to this

property, which violation has not

been corrected.
23................I am aware that this property has

 been used for the manufacture

 of methamphetamine as







  defined in  Section 10 of

 the    Methamphetamine Control

 and Community Protection Act.

    Note:  These disclosures are not intended to cover the 
common
elements of a condominium, but only the actual 
residential real
property including limited common elements 
allocated to the
exclusive use thereof that form an integral 
part of the
condominium unit. 

    Note:  These disclosures are intended to reflect the current 
condition of
the premises and do not include previous problems, 
if any, that the seller
reasonably believes have been 
corrected.

    If any of the above are marked "not applicable" or "yes", 
please explain here
or use additional pages, if necessary: 

.............................................................

.............................................................

.............................................................

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

    Seller certifies that seller has prepared this statement 
and
certifies that the information provided is based on the 
actual
notice or actual knowledge of the seller without any 
specific
investigation or inquiry on the part of the seller.  
The seller
hereby authorizes any person representing any 
principal in this
transaction to provide a copy of this report, 
and to disclose
any information in the report, to any person in 
connection
with any actual or anticipated sale of the property. 

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

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

    THE PROSPECTIVE BUYER IS AWARE THAT THE PARTIES MAY CHOOSE

TO NEGOTIATE AN AGREEMENT FOR THE SALE OF THE PROPERTY SUBJECT 
TO
ANY OR ALL MATERIAL DEFECTS DISCLOSED IN THIS REPORT ("AS 
IS").
THIS DISCLOSURE IS NOT A SUBSTITUTE FOR ANY INSPECTIONS 
OR WARRANTIES
THAT THE PROSPECTIVE BUYER OR SELLER MAY WISH TO 
OBTAIN
OR NEGOTIATE.  THE FACT THAT THE SELLER IS NOT AWARE OF A 
PARTICULAR
CONDITION OR PROBLEM IS NO GUARANTEE THAT IT DOES 
NOT EXIST.
THE PROSPECTIVE BUYER IS AWARE THAT HE MAY REQUEST 
AN INSPECTION OF
THE PREMISES PERFORMED BY A QUALIFIED 
PROFESSIONAL. 

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

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

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