HB1426 95TH GENERAL ASSEMBLY

95TH GENERAL ASSEMBLY State of Illinois 2007 and 2008
HB1426

Introduced 2/21/2007, by Rep. Dan Reitz

SYNOPSIS AS INTRODUCED:

`765 ILCS 77/35`
`765 ILCS 77/36 new`

Amends the Residential Real Property Disclosure Act. Provides that the residential real property disclosure report shall include the disclosure of the seller's awareness of radon hazards (at present, unsafe concentrations of radon). Provides that a seller shall provide to a prospective buyer, along with the disclosure report, written materials prepared by the Illinois Emergency Management Agency about radon hazards, testing, and remediation. Provides that the Illinois Emergency Management Agency shall develop written information about radon hazards, testing, and remediation that a seller shall provide to a residential property purchaser. Effective immediately.

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A BILL FOR

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1 AN ACT concerning civil law.

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 is

5 amended by changing Section 35 and by adding Section 36 as

6 follows:

7 (765 ILCS 77/35)

8 Sec. 35. Disclosure report form. The disclosures required

9 of a seller by this Act shall be made in the 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. ACCOMPANYING THIS REPORT IS

14 WRITTEN INFORMATION THAT DESCRIBES THE POTENTIAL HAZARDS OF

15 EXPOSURE TO RADON, TESTING FOR RADON, AND RADON REMEDIATION;

16 THE WRITTEN INFORMATION WAS PREPARED BY THE ILLINOIS EMERGENCY

17 MANAGEMENT AGENCY PURSUANT TO STATE STATUTE.THIS REPORT DOES

18 NOT LIMIT THE PARTIES' RIGHT TO CONTRACT FOR THE SALE OF

19 RESIDENTIAL REAL PROPERTY IN "AS IS" CONDITION. UNDER COMMON

20 LAW, SELLERS WHO DISCLOSE MATERIAL DEFECTS MAY BE UNDER A

21 CONTINUING OBLIGATION TO ADVISE THE PROSPECTIVE BUYERS ABOUT

22 THE CONDITION OF THE RESIDENTIAL REAL PROPERTY EVEN AFTER THE

23 REPORT IS DELIVERED TO THE PROSPECTIVE BUYER. COMPLETION OF

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1 THIS REPORT BY THE SELLER CREATES LEGAL OBLIGATIONS ON THE

2 SELLER; THEREFORE THE SELLER MAY WISH TO CONSULT AN ATTORNEY

3 PRIOR TO COMPLETION OF THIS REPORT.

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

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

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

7 This Report is a disclosure of certain conditions of the

8 residential real property listed above in compliance with the

9 Residential Real Property Disclosure Act. This information is

10 provided as of ...(month) ...(day) ...(year), and does not

11 reflect any changes made or occurring after that date or

12 information that becomes known to the seller after that date.

13 The disclosures herein shall not be deemed warranties of any

14 kind by the seller or any person representing any party in this

15 transaction.

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

17 actual knowledge without any specific investigation or

18 inquiry. In this form, "material defect" means a condition that

19 would have a substantial adverse effect on the value of the

20 residential real property or that would significantly impair

21 the health or safety of future occupants of the residential

22 real property unless the seller reasonably believes that the

23 condition has been corrected.

24 The seller discloses the following information with the

25 knowledge that even though the statements herein are not deemed

26 to be warranties, prospective buyers may choose to rely on this

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1 information in deciding whether or not and on what terms to

2 purchase the residential real property.

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

4 knowledge, the following statements have been accurately noted

5 as "yes" (correct), "no" (incorrect), or "not applicable" to

6 the property being sold. If the seller indicates that the

7 response to any statement, except number 1, is yes or not

8 applicable, the seller shall provide an explanation, in the

9 additional information area of this form.

10		`YES`	`NO`	`N/A`
11	`1.`	`.....`	`.....`	`.....`	`Seller has occupied the property`
12					`within the last 12 months.`
13					`(No explanation is needed.)`
14	`2.`	`.....`	`.....`	`.....`	`I am aware of flooding or recurring`
15					`leakage problems in the crawl`
16					`space or basement.`
17	`3.`	`.....`	`.....`	`.....`	`I am aware that the property is`
18					`located in a flood plain or that I`
19					`currently have flood hazard`
20					`insurance on the property.`
21	`4.`	`.....`	`.....`	`.....`	`I am aware of material defects in`
22					`the basement or foundation`
23					`(including cracks and bulges).`
24	`5.`	`.....`	`.....`	`.....`	`I am aware of leaks or material`
25					`defects in the roof, ceilings, or`
26					`chimney.`

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1	`6.`	`.....`	`.....`	`.....`	`I am aware of material defects in`
2					`the walls or floors.`
3	`7.`	`.....`	`.....`	`.....`	`I am aware of material defects in`
4					`the electrical system.`
5	`8.`	`.....`	`.....`	`.....`	`I am aware of material defects in`
6					`the plumbing system (includes`
7					`such things as water heater, sump`
8					`pump, water treatment system,`
9					`sprinkler system, and swimming`
10					`pool).`
11	`9.`	`.....`	`.....`	`.....`	`I am aware of material defects in`
12					`the well or well equipment.`
13	`10.`	`.....`	`.....`	`.....`	`I am aware of unsafe conditions in`
14					`the drinking water.`
15	`11.`	`.....`	`.....`	`.....`	`I am aware of material defects in`
16					`the heating, air conditioning, or`
17					`ventilating systems.`
18	`12.`	`.....`	`.....`	`.....`	`I am aware of material defects in`
19					`the fireplace or woodburning`
20					`stove.`
21	`13.`	`.....`	`.....`	`.....`	`I am aware of material defects in`
22					`the septic, sanitary sewer, or`
23					`other disposal system.`
24	`14.`	`.....`	`.....`	`.....`	`I am aware of` `radon hazards or`
25
26					`unsafe concentrations of radon on the premises.`

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1	`15.`	`.....`	`.....`	`.....`	`I am aware of unsafe concentrations`
2					`of or unsafe conditions relating`
3					`to asbestos on the premises.`
4	`16.`	`.....`	`.....`	`.....`	`I am aware of unsafe concentrations`
5					`of or unsafe conditions relating`
6					`to lead paint, lead water pipes,`
7					`lead plumbing pipes or lead in`
8					`the soil on the premises.`
9	`17.`	`.....`	`.....`	`.....`	`I am aware of mine subsidence,`
10					`underground pits, settlement,`
11					`sliding, upheaval, or other earth`
12					`stability defects on the`
13					`premises.`
14	`18.`	`.....`	`.....`	`.....`	`I am aware of current infestations`
15					`of termites or other wood boring`
16					`insects.`
17	`19.`	`.....`	`.....`	`.....`	`I am aware of a structural defect`
18					`caused by previous infestations`
19					`of termites or other wood boring`
20					`insects.`
21	`20.`	`.....`	`.....`	`.....`	`I am aware of underground fuel`
22					`storage tanks on the property.`
23	`21.`	`.....`	`.....`	`.....`	`I am aware of boundary or lot line`
24					`disputes.`
25	`22.`	`.....`	`.....`	`.....`	`I have received notice of violation`
26					`of local, state or federal laws`

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1						`or regulations relating to this`
2						`property, which violation has not`
3						`been corrected.`

4 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.

9 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.

13 If any of the above are marked "not applicable" or "yes",

14 please explain here or use additional pages, if necessary:

15 .............................................................

16 .............................................................

17 .............................................................

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

19 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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1 Seller: ............................... Date: ...............

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

3 THE PROSPECTIVE BUYER IS AWARE THAT THE PARTIES MAY CHOOSE

4 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.

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

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

15 (Source: P.A. 90-383, eff. 1-1-98; 91-357, eff. 7-29-99.)

16 (765 ILCS 77/36 new)

17 Sec. 36. Information about radon hazards, testing, and

18 remediation. The Illinois Emergency Management Agency shall

19 develop and make available written materials about radon for

20 sellers to provide to prospective buyers of residential real

21 property on which a residential dwelling exists. The written

22 materials about radon shall describe potential hazards of

23 exposure to radon, testing for radon, and radon remediation.

24 Section 99. Effective date. This Act takes effect upon

25 becoming law.