What Do Sellers Have to Disclose in Illinois? Here's What the Law Requires.
What Do Sellers Have to Disclose in Illinois?
Here’s What the Law Requires.
If you are selling a home in Illinois, there are things you are legally required to tell buyers before they sign on the dotted line. Knowing what those are protects you from liability and keeps your transaction clean.
Illinois Residential Real Property Disclosure Act
Illinois law requires sellers of residential property to complete a Residential Real Property Disclosure Report. This is a standard form that covers material defects and known conditions that affect the property.
Sellers must disclose what they know. The form covers a wide range of items including the roof, foundation, basement, plumbing, electrical systems, heating and cooling, water supply, sewage, and more. If you are aware of a problem, you must disclose it. You cannot simply hope the buyer does not find out.
The form is not a guarantee that everything is perfect. It is a record of what you, as the seller, know about the condition of the home at the time of the sale.
What Specifically Must Be Disclosed?
Illinois sellers are required to disclose known material defects including:
Roof problems, water infiltration or flooding history, foundation or structural issues, plumbing or sewer problems, electrical issues, HVAC deficiencies, presence of hazardous materials such as lead paint or asbestos, underground storage tanks, boundary disputes, and any legal issues affecting the property such as liens or encumbrances.
Radon is a separate disclosure. Illinois has specific requirements around radon testing and disclosure. If you have had a radon test done, the results must be shared. If elevated levels were found and mitigated, that must also be disclosed.
What Happens If You Do Not Disclose?
Failing to disclose a known material defect in Illinois can result in a lawsuit after closing. Buyers can sue for damages if they discover something that should have been disclosed and was not. This is one of the most common sources of post-closing litigation in real estate.
The answer is simple: disclose everything you know. When in doubt, put it on the form. A disclosed issue rarely kills a deal. A discovered undisclosed issue after closing can cost you far more than the home was worth.
What Sellers Are Not Required to Disclose
Illinois law does not require sellers to disclose certain things. You are not required to disclose if someone died in the home, including from natural causes, suicide, or homicide, unless you are directly asked and choose to answer. You are also not required to disclose neighborhood-level information, as that falls under fair housing considerations.
We walk every seller we work with at Team Elite Realtors through the disclosure form before we list. It is one of the first things we do. Getting it right upfront protects you through every step of the transaction. See what our clients say about how we handle the details.
You can also browse current listings in Naperville, Aurora, Oswego, and Plainfield on Zenlist to get a feel for how disclosed conditions are typically presented to buyers.
Frequently Asked Questions
What is the Illinois Residential Real Property Disclosure Act?
It is an Illinois law that requires sellers to complete a disclosure form reporting any known material defects or conditions affecting the property before a sale. It protects buyers by ensuring they have the information sellers possess.
Do I have to disclose a death in my home in Illinois?
Illinois law does not require sellers to disclose that someone died in a home unless they are directly asked. However, if you are asked directly, answer honestly.
Do I have to disclose radon in Illinois?
Yes. If you have radon test results, you must share them with buyers. If mitigation was performed, that must also be disclosed.
What happens if a seller does not disclose a defect in Illinois?
A buyer who discovers an undisclosed material defect after closing can sue the seller for damages. Full and accurate disclosure is the safest approach for sellers.
Does Baird and Warner help sellers with the disclosure form?
Yes. At Baird and Warner, our agents walk sellers through the disclosure process before listing to make sure everything is handled correctly from the start.
Disclosure is not something to fear. It is a protection for everyone in the transaction. If you have questions about what you need to disclose before selling your home in Naperville, Aurora, Oswego, or Plainfield, reach out to us and we will walk you through it.
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Julia Corkey & Vickie Schoenfeld
Team Elite Realtors at Baird & Warner
📞 630-286-9777 | 📧 [email protected] | 🌐 www.homesbyteamelite.com
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