97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1543

 

Introduced 2/15/2011, by Rep. Daniel V. Beiser

 

SYNOPSIS AS INTRODUCED:
 
765 ILCS 77/35

    Amends the Residential Real Property Disclosure Act. Adds to the items in the disclosure list a statement concerning whether the owner is aware of the existence of toxic mold on the property.


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HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1543LRB097 07215 AJO 47322 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Residential Real Property Disclosure Act is
5amended by changing Section 35 as follows:
 
6    (765 ILCS 77/35)
7    Sec. 35. Disclosure report form. The disclosures required
8of a seller by this Act shall be made in the following form:
9
RESIDENTIAL REAL PROPERTY DISCLOSURE REPORT
10    NOTICE: THE PURPOSE OF THIS REPORT IS TO PROVIDE
11PROSPECTIVE BUYERS WITH INFORMATION ABOUT MATERIAL DEFECTS IN
12THE RESIDENTIAL REAL PROPERTY. THIS REPORT DOES NOT LIMIT THE
13PARTIES' RIGHT TO CONTRACT FOR THE SALE OF RESIDENTIAL REAL
14PROPERTY IN "AS IS" CONDITION. UNDER COMMON LAW, SELLERS WHO
15DISCLOSE MATERIAL DEFECTS MAY BE UNDER A CONTINUING OBLIGATION
16TO ADVISE THE PROSPECTIVE BUYERS ABOUT THE CONDITION OF THE
17RESIDENTIAL REAL PROPERTY EVEN AFTER THE REPORT IS DELIVERED TO
18THE PROSPECTIVE BUYER. COMPLETION OF THIS REPORT BY THE SELLER
19CREATES LEGAL OBLIGATIONS ON THE SELLER; THEREFORE THE SELLER
20MAY WISH TO CONSULT AN ATTORNEY PRIOR TO COMPLETION OF THIS
21REPORT.
22Property Address: ...........................................
23City, State & Zip Code: .....................................

 

 

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1Seller's Name: ..............................................
2    This Report is a disclosure of certain conditions of the
3residential real property listed above in compliance with the
4Residential Real Property Disclosure Act. This information is
5provided as of ...(month) ...(day) ...(year), and does not
6reflect any changes made or occurring after that date or
7information that becomes known to the seller after that date.
8The disclosures herein shall not be deemed warranties of any
9kind by the seller or any person representing any party in this
10transaction.
11    In this form, "am aware" means to have actual notice or
12actual knowledge without any specific investigation or
13inquiry. In this form, "material defect" means a condition that
14would have a substantial adverse effect on the value of the
15residential real property or that would significantly impair
16the health or safety of future occupants of the residential
17real property unless the seller reasonably believes that the
18condition has been corrected.
19    The seller discloses the following information with the
20knowledge that even though the statements herein are not deemed
21to be warranties, prospective buyers may choose to rely on this
22information in deciding whether or not and on what terms to
23purchase the residential real property.
24    The seller represents that to the best of his or her actual
25knowledge, the following statements have been accurately noted
26as "yes" (correct), "no" (incorrect), or "not applicable" to

 

 

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1the property being sold. If the seller indicates that the
2response to any statement, except number 1, is yes or not
3applicable, the seller shall provide an explanation, in the
4additional information area of this form.
5YESNON/A
61................Seller has occupied the property
7 within the last 12 months.
8 (No explanation is needed.)
92................I am aware of flooding or recurring
10 leakage problems in the crawl
11 space or basement.
123................I am aware that the property is
13 located in a flood plain or that I
14 currently have flood hazard
15 insurance on the property.
164................I am aware of material defects in
17 the basement or foundation
18 (including cracks and bulges).
195................I am aware of leaks or material
20 defects in the roof, ceilings, or
21 chimney.
226................I am aware of material defects in
23 the walls or floors.
247................I am aware of material defects in
25 the electrical system.
268................I am aware of material defects in

 

 

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1 the plumbing system (includes
2 such things as water heater, sump
3 pump, water treatment system,
4 sprinkler system, and swimming
5 pool).
69................I am aware of material defects in
7 the well or well equipment.
810................I am aware of unsafe conditions in
9 the drinking water.
1011................I am aware of material defects in
11 the heating, air conditioning, or
12 ventilating systems.
1312................I am aware of material defects in
14 the fireplace or woodburning
15 stove.
1613................I am aware of material defects in
17 the septic, sanitary sewer, or
18 other disposal system.
1914................I am aware of unsafe concentrations
20 of radon on the premises.
2115................I am aware of unsafe concentrations
22 of or unsafe conditions relating
23 to asbestos on the premises.
2416................I am aware of unsafe concentrations
25 of or unsafe conditions relating
26 to lead paint, lead water pipes,

 

 

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1 lead plumbing pipes or lead in
2 the soil on the premises.
317................I am aware of mine subsidence,
4 underground pits, settlement,
5 sliding, upheaval, or other earth
6 stability defects on the
7 premises.
818................I am aware of current infestations
9 of termites or other wood boring
10 insects.
1119................I am aware of a structural defect
12 caused by previous infestations
13 of termites or other wood boring
14 insects.
1520................I am aware of underground fuel
16 storage tanks on the property.
1721................I am aware of boundary or lot line
18 disputes.
1922................I have received notice of violation
20 of local, state or federal laws
21 or regulations relating to this
22 property, which violation has not
23 been corrected.
2423................I am aware that this property has
25 been used for the manufacture
26 of methamphetamine as

 

 

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1 defined in Section 10 of
2 the Methamphetamine Control
3 and Community Protection Act.
424. ... ... I am aware of the presence of
5toxic mold.
6    Note: These disclosures are not intended to cover the
7common elements of a condominium, but only the actual
8residential real property including limited common elements
9allocated to the exclusive use thereof that form an integral
10part of the condominium unit.
11    Note: These disclosures are intended to reflect the current
12condition of the premises and do not include previous problems,
13if any, that the seller reasonably believes have been
14corrected.
15    If any of the above are marked "not applicable" or "yes",
16please explain here or use additional pages, if necessary:
17.............................................................
18.............................................................
19.............................................................
20    Check here if additional pages used: .....
21    Seller certifies that seller has prepared this statement
22and certifies that the information provided is based on the
23actual notice or actual knowledge of the seller without any
24specific investigation or inquiry on the part of the seller.
25The seller hereby authorizes any person representing any
26principal in this transaction to provide a copy of this report,

 

 

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1and to disclose any information in the report, to any person in
2connection with any actual or anticipated sale of the property.
3Seller: ............................... Date: ...............
4Seller: ............................... Date: ...............
5    THE PROSPECTIVE BUYER IS AWARE THAT THE PARTIES MAY CHOOSE
6TO NEGOTIATE AN AGREEMENT FOR THE SALE OF THE PROPERTY SUBJECT
7TO ANY OR ALL MATERIAL DEFECTS DISCLOSED IN THIS REPORT ("AS
8IS"). THIS DISCLOSURE IS NOT A SUBSTITUTE FOR ANY INSPECTIONS
9OR WARRANTIES THAT THE PROSPECTIVE BUYER OR SELLER MAY WISH TO
10OBTAIN OR NEGOTIATE. THE FACT THAT THE SELLER IS NOT AWARE OF A
11PARTICULAR CONDITION OR PROBLEM IS NO GUARANTEE THAT IT DOES
12NOT EXIST. THE PROSPECTIVE BUYER IS AWARE THAT HE MAY REQUEST
13AN INSPECTION OF THE PREMISES PERFORMED BY A QUALIFIED
14PROFESSIONAL.
15Prospective Buyer: .................. Date: ...... Time: ....
16Prospective Buyer: .................. Date: ...... Time: ....
17(Source: P.A. 96-232, eff. 8-11-09.)