Full Text of HB4322 102nd General Assembly
HB4322enr 102ND GENERAL ASSEMBLY |
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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 Sections 5, 15, 20, 30, 35, 40, 45, 50, 55, | 6 | | and 65 as follows:
| 7 | | (765 ILCS 77/5)
| 8 | | Sec. 5. Definitions. As used in this Act, unless the | 9 | | context otherwise
requires, the
following terms have the | 10 | | meaning given in this Section : .
| 11 | | "Residential real property" means real property improved | 12 | | with not less
than one nor more than 4 residential dwelling | 13 | | units; units in residential
cooperatives; or, condominium | 14 | | units, including the limited common elements
allocated to the | 15 | | exclusive use thereof that form an integral part of the
| 16 | | condominium unit. The term includes a manufactured home as | 17 | | defined in subdivision (53) of Section 9-102 of the Uniform | 18 | | Commercial Code that is real property as defined in the | 19 | | Conveyance and Encumbrance of Manufactured Homes as Real | 20 | | Property and Severance Act.
| 21 | | "Seller" means every person or entity who : | 22 | | (1) is a beneficiary of an Illinois land trust; or | 23 | | (2) has an interest, legal or equitable, in |
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| 1 | | residential property as: | 2 | | (i) an owner ; , | 3 | | (ii) a beneficiary of a
trust ; , | 4 | | (iii) a beneficiary pursuant to testate | 5 | | disposition, intestate succession, or a transfer on | 6 | | death instrument; or | 7 | | (iv) a contract purchaser or lessee of a ground | 8 | | lease ,
who has an interest (legal or equitable) in | 9 | | residential real property.
However, "seller" shall not | 10 | | include
any person who has both (i) never occupied the | 11 | | residential real property and
(ii) never had the | 12 | | management responsibility for the residential real | 13 | | property
nor delegated such responsibility for the | 14 | | residential real property to another
person or entity . | 15 | | "Seller" does not include a party to a transfer that is | 16 | | exempt under Section 15.
| 17 | | "Prospective buyer" means any person or entity negotiating | 18 | | or offering
to become an owner or lessee of a ground lease of | 19 | | residential real property by means of a
transfer for value to | 20 | | which this Act applies. | 21 | | "Contract" means a written agreement by the seller and | 22 | | prospective buyer that would, subject to the satisfaction of | 23 | | any negotiated contingencies, require the prospective buyer to | 24 | | accept a transfer of the residential real property.
| 25 | | (Source: P.A. 98-749, eff. 7-16-14; 99-78, eff. 7-20-15.)
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| 1 | | (765 ILCS 77/15)
| 2 | | Sec. 15. Seller exemptions. The provisions of this Act do | 3 | | not apply to the following:
A seller in any of the following | 4 | | transfers is exempt from this Act, regardless of whether a | 5 | | disclosure report is delivered:
| 6 | | (1) Transfers pursuant to court order, including, but not
| 7 | | limited to, transfers ordered by a probate court in | 8 | | administration of an
estate, transfers between spouses | 9 | | resulting from a judgment of dissolution of
marriage or legal | 10 | | separation, transfers pursuant to an order of possession,
| 11 | | transfers by a trustee in bankruptcy, transfers by eminent | 12 | | domain, and
transfers resulting from a decree for specific | 13 | | performance.
| 14 | | (2) Transfers from a mortgagor to a mortgagee by deed in | 15 | | lieu of
foreclosure or consent judgment, transfer by judicial | 16 | | deed issued pursuant to a
foreclosure sale to the successful | 17 | | bidder or the assignee of a certificate of
sale, transfer by a | 18 | | collateral assignment of a beneficial interest of a land
| 19 | | trust, or a transfer by a mortgagee or a successor in interest | 20 | | to the
mortgagee's secured position or a beneficiary under a | 21 | | deed in trust who has
acquired the real property
by deed in | 22 | | lieu of foreclosure, consent judgment or judicial deed issued
| 23 | | pursuant to a foreclosure sale.
| 24 | | (3) Transfers by a fiduciary in the course of the | 25 | | administration of a
decedent's estate, guardianship, | 26 | | conservatorship, or trust. As used in this paragraph, "trust" |
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| 1 | | includes an Illinois land trust.
| 2 | | (4) Transfers from one co-owner to one or more other | 3 | | co-owners.
| 4 | | (5) Transfers from a decedent pursuant to testate | 5 | | disposition, or intestate succession , or a transfer on death | 6 | | instrument .
| 7 | | (6) Transfers made to a spouse, or to a person or persons
| 8 | | in the lineal line of consanguinity of one or more of the | 9 | | sellers.
| 10 | | (7) Transfers from an entity that has taken title to
| 11 | | residential real property from a seller for the purpose of | 12 | | assisting
in the relocation of the seller, so long as the | 13 | | entity
makes available to all prospective buyers a copy of the | 14 | | disclosure report form
furnished to the entity by the seller.
| 15 | | (8) Transfers to or from any governmental entity.
| 16 | | (9) Transfers of newly constructed residential real | 17 | | property that has never not
been occupied. This does not | 18 | | include rehabilitation of existing residential real property.
| 19 | | (Source: P.A. 88-111.)
| 20 | | (765 ILCS 77/20)
| 21 | | Sec. 20. Disclosure report requirements. A seller of | 22 | | residential real property shall
complete all applicable items | 23 | | in the disclosure report document described in Section
35
of | 24 | | this Act . The seller shall deliver to the prospective buyer | 25 | | the written
disclosure report statement required by this Act |
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| 1 | | before the signing of a contract written
agreement by the | 2 | | seller and prospective buyer that would, subject to the
| 3 | | satisfaction of any negotiated contingencies, require the | 4 | | prospective buyer to
accept a transfer of the residential real | 5 | | property .
| 6 | | (Source: P.A. 88-111.)
| 7 | | (765 ILCS 77/30)
| 8 | | Sec. 30. Disclosure report supplement. If, prior to | 9 | | closing, any seller becomes aware has
actual knowledge of an | 10 | | error, inaccuracy, or omission in any prior disclosure report | 11 | | or supplement
document after delivery of that disclosure | 12 | | report or supplement document to a prospective buyer,
that | 13 | | seller shall supplement the prior disclosure report or | 14 | | supplement document with a written
supplemental disclosure , | 15 | | delivered by any method set forth in Section 50 .
| 16 | | (Source: P.A. 90-383, eff. 1-1-98; 91-357, eff. 7-29-99.)
| 17 | | (765 ILCS 77/35)
| 18 | | Sec. 35. Disclosure report form. The disclosures required | 19 | | of a seller
by this Act shall be made in the following form:
| 20 | | RESIDENTIAL REAL PROPERTY DISCLOSURE REPORT
| 21 | | NOTICE: THE PURPOSE OF THIS REPORT IS TO PROVIDE | 22 | | PROSPECTIVE BUYERS WITH
INFORMATION ABOUT MATERIAL DEFECTS IN | 23 | | THE RESIDENTIAL REAL PROPERTY BEFORE THE SIGNING OF A | 24 | | CONTRACT . THIS
REPORT DOES NOT LIMIT THE PARTIES' RIGHT TO |
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| 1 | | CONTRACT FOR THE SALE OF
RESIDENTIAL
REAL PROPERTY IN "AS IS" | 2 | | CONDITION. UNDER COMMON LAW, SELLERS WHO DISCLOSE
MATERIAL | 3 | | DEFECTS MAY BE UNDER A CONTINUING OBLIGATION TO ADVISE THE | 4 | | PROSPECTIVE
BUYERS ABOUT THE CONDITION OF THE RESIDENTIAL REAL | 5 | | PROPERTY EVEN AFTER THE
REPORT IS DELIVERED TO THE PROSPECTIVE | 6 | | BUYER. COMPLETION OF THIS REPORT BY
THE
SELLER CREATES LEGAL | 7 | | OBLIGATIONS ON THE SELLER; THEREFORE THE
SELLER MAY WISH TO | 8 | | CONSULT
AN ATTORNEY PRIOR TO COMPLETION OF THIS REPORT.
| 9 | | Property Address: ...........................................
| 10 | | City, State & Zip Code: .....................................
| 11 | | Seller's Name: ..............................................
| 12 | | This Report is a disclosure of certain conditions of the | 13 | | residential real
property listed above in compliance with the | 14 | | Residential Real Property
Disclosure Act. This information is | 15 | | provided as of ...(month) ...(day)
...(year) , and does not | 16 | | reflect any changes made or occurring after that date
or | 17 | | information that becomes known to the seller after that date . | 18 | | The
disclosures herein shall not be deemed warranties of any | 19 | | kind by the seller or
any person representing any party in this | 20 | | transaction.
| 21 | | In this form, " am aware" means to have actual notice or
| 22 | | actual knowledge without any specific investigation or | 23 | | inquiry.
In this form, "material defect" means a condition | 24 | | that would
have a substantial adverse effect on the value of | 25 | | the residential
real property or that would significantly | 26 | | impair the health or
safety of future occupants of the |
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| 1 | | residential real property
unless the seller reasonably | 2 | | believes that the condition has
been corrected.
| 3 | | The seller discloses the following information with the
| 4 | | knowledge that even though the statements herein are not | 5 | | deemed
to be warranties, prospective buyers may choose to rely | 6 | | on
this information in deciding whether or not and on what | 7 | | terms
to purchase the residential real property.
| 8 | | The seller represents that to the best of his or her actual
| 9 | | knowledge, the following statements have been accurately noted
| 10 | | as "yes" (correct), "no" (incorrect), or "not applicable" to | 11 | | the
property being sold. If the seller indicates that the | 12 | | response
to any statement, except number 1, is yes or not | 13 | | applicable, the
seller shall provide an explanation , in the | 14 | | additional information
area of this form.
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YES |
NO |
N/A |
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16 | | 1. |
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Seller has occupied the property |
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within the last 12 months. |
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18 | | | 19 | | | | | | (If "no," please identify capacity or explain relationship to property.) (No explanation is needed.) | |
20 | | 2. | ..... | ..... | ..... | I currently have flood hazard | |
21 | | | | | | insurance on the property. |
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22 | | 3 2 . |
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I am aware of flooding or recurring |
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leakage problems in the crawl |
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space or basement. |
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25 | | 4 3 . |
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I am aware that the property is |
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located in a floodplain flood plain or |
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2 | | | | | | that I currently have flood hazard | |
3 | | | | | | insurance on the property . |
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4 | | 5 4 . |
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I am aware of material defects in |
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the basement or foundation |
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(including cracks and bulges). |
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7 | | 6 5 . |
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I am aware of leaks or material |
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defects in the roof, ceilings, or |
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chimney. |
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10 | | 7 6 . |
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I am aware of material defects in |
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the walls, windows, doors, or floors. |
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I am aware of material defects in |
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the electrical system. |
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14 | | 9 8 . |
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I am aware of material defects in |
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the plumbing system (includes |
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such things as water heater, sump |
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pump, water treatment system, |
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sprinkler system, and swimming |
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pool). |
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20 | | 10 9 . |
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I am aware of material defects in |
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the well or well equipment. |
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22 | | 11 10 . |
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I am aware of unsafe conditions in |
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the drinking water. |
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24 | | 12 11 . |
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I am aware of material defects in |
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the heating, air conditioning, or |
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ventilating systems. |
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| 1 | | 13 12 . |
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I am aware of material defects in |
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the fireplace or woodburning |
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stove. |
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4 | | 14 13 . |
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I am aware of material defects in |
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the septic, sanitary sewer, or |
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other disposal system. |
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7 | | 15 14 . |
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I am aware of unsafe concentrations |
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of radon on the premises. |
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9 | | 16 15 . |
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I am aware of unsafe concentrations |
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of or unsafe conditions relating |
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to asbestos on the premises. |
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I am aware of unsafe concentrations |
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of or unsafe conditions relating |
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to lead paint, lead water pipes, |
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lead plumbing pipes or lead in |
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the soil on the premises. |
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17 | | 18 17 . |
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I am aware of mine subsidence, |
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underground pits, settlement, |
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sliding, upheaval, or other earth |
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stability defects on the |
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premises. |
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22 | | 19 18 . |
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I am aware of current infestations |
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of termites or other wood boring |
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insects. |
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25 | | 20 19 . |
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I am aware of a structural defect |
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caused by previous infestations |
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of termites or other wood boring |
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insects. |
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3 | | 21 20 . |
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I am aware of underground fuel |
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storage tanks on the property. |
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5 | | 22 21 . |
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I am aware of boundary or lot line |
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disputes. |
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I have received notice of violation |
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of local, state or federal laws |
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or regulations relating to this |
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property, which violation has not |
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been corrected. |
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12 | | 24 23 . | ..... | ..... | ..... | I am aware that this property has
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13 | | | | | | been used for the manufacture
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14 | | | | | | of methamphetamine as
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15 | | | | | | defined in Section 10 of
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16 | | | | | | the Methamphetamine Control
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17 | | | | | | and Community Protection Act.
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18 | | Note: These disclosures are not intended to cover the | 19 | | common
elements of a condominium, but only the actual | 20 | | residential real
property including limited common elements | 21 | | allocated to the
exclusive use thereof that form an integral | 22 | | part of the
condominium unit.
| 23 | | Note: These disclosures are intended to reflect the | 24 | | current condition of
the premises and do not include previous | 25 | | problems, if any, that the seller
reasonably believes have | 26 | | been corrected.
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| 1 | | If any of the above are marked "not applicable" or "yes", | 2 | | please explain here
or use additional pages, if necessary:
| 3 | | .............................................................
| 4 | | .............................................................
| 5 | | .............................................................
| 6 | | Check here if additional pages used: .....
| 7 | | Seller certifies that seller has prepared this report | 8 | | statement and
certifies that the information provided is based | 9 | | on the actual
notice or actual knowledge of the seller without | 10 | | any specific
investigation or inquiry on the part of the | 11 | | seller. The seller
hereby authorizes any person representing | 12 | | any principal in this
transaction to provide a copy of this | 13 | | report, and to disclose
any information in the report, to any | 14 | | person in connection
with any actual or anticipated sale of | 15 | | the property. | 16 | | (This paragraph shall be printed in boldface type.) THE | 17 | | SELLER ACKNOWLEDGES THAT THE SELLER IS REQUIRED TO PROVIDE | 18 | | THIS DISCLOSURE REPORT TO THE PROSPECTIVE BUYER BEFORE THE | 19 | | SIGNING OF THE CONTRACT AND HAS A CONTINUING OBLIGATION, | 20 | | PURSUANT TO SECTION 30 OF THE RESIDENTIAL REAL PROPERTY | 21 | | DISCLOSURE ACT, TO SUPPLEMENT THIS DISCLOSURE PRIOR TO | 22 | | CLOSING.
| 23 | | Seller: ............................... Date: ...............
| 24 | | Seller: ............................... Date: ...............
| 25 | | THE PROSPECTIVE BUYER IS AWARE THAT THE PARTIES MAY CHOOSE
| 26 | | TO NEGOTIATE AN AGREEMENT FOR THE SALE OF THE PROPERTY SUBJECT |
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| 1 | | TO
ANY OR ALL MATERIAL DEFECTS DISCLOSED IN THIS REPORT ("AS | 2 | | IS").
THIS DISCLOSURE IS NOT A SUBSTITUTE FOR ANY INSPECTIONS | 3 | | OR WARRANTIES
THAT THE PROSPECTIVE BUYER OR SELLER MAY WISH TO | 4 | | OBTAIN
OR NEGOTIATE. (The remainder of this paragraph shall be | 5 | | printed in boldface type.) THE FACT THAT THE SELLER IS NOT | 6 | | AWARE OF A PARTICULAR
CONDITION OR PROBLEM IS NO GUARANTEE | 7 | | THAT IT DOES NOT EXIST.
THE PROSPECTIVE BUYER IS AWARE THAT THE | 8 | | PROSPECTIVE BUYER HE MAY REQUEST AN INSPECTION OF
THE PREMISES | 9 | | PERFORMED BY A QUALIFIED PROFESSIONAL.
| 10 | | Prospective Buyer: .................. Date: ...... Time: ....
| 11 | | Prospective Buyer: .................. Date: ...... Time: ....
| 12 | | (Source: P.A. 98-754, eff. 1-1-15 .)
| 13 | | (765 ILCS 77/40)
| 14 | | Sec. 40. Material defect. | 15 | | (a) If a seller discloses a material defect in the | 16 | | Residential Real Property Disclosure Report, including a | 17 | | response to any statement that is answered "yes" except | 18 | | numbers 1 and 2, and, in violation of Section 20, it is | 19 | | delivered to the prospective buyer after all parties have | 20 | | signed a contract, the prospective buyer, within 5 business | 21 | | days after receipt of that report, may terminate the contract | 22 | | or other agreement with the return of all earnest money | 23 | | deposits or down payments paid by the prospective buyer in the | 24 | | transaction without any liability to or recourse by the | 25 | | seller. If a material defect is disclosed in the
Residential
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| 1 | | Real Property Disclosure Report, after acceptance by the | 2 | | prospective
buyer of an offer or counter-offer made by a | 3 | | seller or after
the execution of an offer made by a prospective | 4 | | buyer that
is accepted by the seller for the conveyance of the | 5 | | residential
real property, then the prospective buyer may, | 6 | | within 3
business days after receipt of that report by the | 7 | | prospective
buyer, terminate the contract or other agreement | 8 | | without any
liability or recourse except for the return to | 9 | | prospective buyer
of all earnest money deposits or down | 10 | | payments paid by prospective buyer in the
transaction. | 11 | | (b) If a seller discloses a material defect is disclosed | 12 | | in a supplement to this
disclosure report document , the | 13 | | prospective buyer shall not have a right to terminate
unless : | 14 | | (i) the material defect results from an error, inaccuracy, or | 15 | | omission of
which the seller had actual knowledge at the time | 16 | | the prior
disclosure document was completed and signed by the | 17 | | seller ; (ii) the material defect is not repairable prior to | 18 | | closing; or (iii) the material defect is repairable prior to | 19 | | closing, but within 5 business days after the delivery of the | 20 | | supplemental disclosure, the seller declines, or otherwise | 21 | | fails to agree in writing, to repair the material defect . | 22 | | (c) The right to
terminate the contract, however, shall no | 23 | | longer
exist after the conveyance of the residential real | 24 | | property. For purposes of
this Act the termination shall be | 25 | | deemed to be made when written notice of
termination is | 26 | | personally delivered to at least one of the sellers by any |
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| 1 | | method set forth in Section 50, at the contact information | 2 | | provided by any seller or indicated in the contract or other | 3 | | agreement. Nothing in subsection (a) or (b) shall limit the | 4 | | remedies available under the contract or Section 55 identified
| 5 | | in the contract or other agreement or when deposited, | 6 | | certified or registered
mail, with the United States Postal | 7 | | Service, addressed to one of the sellers at
the address | 8 | | indicated in the contract or agreement, or, if there is not an
| 9 | | address contained therein, then at the address indicated for | 10 | | the residential
real property on the report .
| 11 | | (Source: P.A. 90-383, eff. 1-1-98.)
| 12 | | (765 ILCS 77/45)
| 13 | | Sec. 45. Other law. This Act is not intended to limit | 14 | | remedies or modify
any obligation to disclose created by any | 15 | | other statute or that
may exist in common law in order to avoid | 16 | | fraud, misrepresentation, or deceit
in the transaction.
| 17 | | (Source: P.A. 88-111.)
| 18 | | (765 ILCS 77/50)
| 19 | | Sec. 50. Delivery of disclosure report. Delivery of the | 20 | | Residential Real Property Disclosure
Report provided by this | 21 | | Act shall be by:
| 22 | | (1) personal delivery or facsimile , email, or other | 23 | | electronic delivery to the prospective buyer at the | 24 | | contact information provided by the prospective buyer or |
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| 1 | | indicated in the contract or other agreement ;
| 2 | | (2) depositing the report with the United States | 3 | | Postal Service,
postage prepaid, first class mail, | 4 | | addressed to the
prospective buyer at the address provided | 5 | | by the prospective
buyer or indicated on the contract or | 6 | | other agreement; or
| 7 | | (3) depositing the report with an alternative delivery | 8 | | service such as
Federal Express or , UPS, or Airborne, | 9 | | delivery charges prepaid, addressed to the
prospective | 10 | | buyer at the address provided by the prospective buyer or | 11 | | indicated
on the contract or other agreement.
| 12 | | For purposes of this Act, delivery to one prospective | 13 | | buyer is
deemed delivery to all prospective buyers. Delivery | 14 | | to an authorized
individual acting on behalf of a prospective | 15 | | buyer constitutes delivery to
all prospective buyers. Delivery | 16 | | of the report is effective upon receipt
by the prospective | 17 | | buyer. Receipt may be acknowledged on the report,
acknowledged | 18 | | in an
agreement for the conveyance of the residential real | 19 | | property, or shown in any
other verifiable manner.
| 20 | | (Source: P.A. 91-357, eff. 7-29-99.)
| 21 | | (765 ILCS 77/55)
| 22 | | Sec. 55. Violations and damages. If the seller fails or | 23 | | refuses to
provide the disclosure report document prior to the | 24 | | conveyance of the residential
real
property, the prospective | 25 | | buyer shall have the right to terminate the contract. A seller |
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| 1 | | person
who knowingly violates or fails to perform any duty | 2 | | prescribed by
any provision of this Act or who discloses any | 3 | | information on
the Residential Real Property Disclosure Report | 4 | | that the seller he knows to
be false shall be liable in the | 5 | | amount of actual damages and
court costs, and the court may | 6 | | award reasonable attorney's attorney fees
incurred by the | 7 | | prevailing party.
| 8 | | (Source: P.A. 90-383, eff. 1-1-98.)
| 9 | | (765 ILCS 77/65)
| 10 | | Sec. 65.
A copy of Sections 5 through 65 of Article 2 of | 11 | | this Act, excluding Section 35, must
be printed on or as a part | 12 | | of the Residential Real Property
Disclosure Report form.
| 13 | | (Source: P.A. 88-111.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 765 ILCS 77/5 | | | 4 | | 765 ILCS 77/15 | | | 5 | | 765 ILCS 77/20 | | | 6 | | 765 ILCS 77/30 | | | 7 | | 765 ILCS 77/35 | | | 8 | | 765 ILCS 77/40 | | | 9 | | 765 ILCS 77/45 | | | 10 | | 765 ILCS 77/50 | | | 11 | | 765 ILCS 77/55 | |
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