Illinois guide
Illinois Residential Real Property Disclosure Report—765 ILCS 77
Before you make an offer on a home in Illinois, the seller must give you a written Residential Real Property Disclosure Report listing what they know about the home's condition.
Reading as buyer.
TL;DR
Before you make an offer on a home in Illinois, the seller must give you a written Residential Real Property Disclosure Report listing what they know about the home's condition. The form has 23 yes/no/not-applicable questions covering things like the roof, basement seepage, plumbing, electrical, HVAC, and environmental hazards. If you only get the report after making an offer, you have 72 hours from receipt to rescind the contract in writing.
Before you start — 8 things to know
In Illinois, sellers must hand you a written Residential Real Property Disclosure Report before you sign an offer, and the form covers 23 specific property conditions the seller has actual knowledge of.
The Illinois Disclosure Report covers roof condition, basement seepage, plumbing, electrical, HVAC, underground storage tanks, environmental hazards, and boundary disputes, so read every Yes/No/Not Applicable answer carefully.
Illinois sellers only have to disclose what they actually know about the home, so a 'No' on the Disclosure Report means the seller is unaware of the problem, not that the problem cannot exist.
If the seller delivers the Illinois Disclosure Report after you submit your offer, you have 72 hours from receipt to rescind the contract under 765 ILCS 77/55.
An 'as-is' Illinois listing does not waive the seller's duty to deliver the Residential Real Property Disclosure Report, so you should still expect the completed form before making an offer.
If an Illinois seller knowingly lies on the Disclosure Report, you can sue for actual damages plus attorney's fees, so save a signed copy of the report after closing.
Some Illinois transfers — foreclosures, court-ordered sales, and certain estate or co-owner transfers — are exempt from the disclosure law, so a bank-owned listing may not come with a Disclosure Report.
A private home inspection is still worth paying for in Illinois because the seller's Disclosure Report only reflects what the seller knows and will not catch hidden defects.
The timeline — step by step
Step 1 — Before writing an offer on an Illinois home, ask the listing agent for the seller's completed Residential Real Property Disclosure Report and read all 23 answers.
Step 2 — Sign and date the delivery acknowledgment on the Illinois Disclosure Report so there is a written record that you received the form, and keep a copy for your files.
Step 3 — If you receive the Illinois Disclosure Report only after submitting your offer, send a written rescission within 72 hours of receipt to cancel the contract.
Step 4 — Order a private home inspection during your inspection period so a professional can verify the items the Illinois seller marked 'No' or 'Not Applicable' on the form.
Step 5 — If the inspector finds an issue the seller marked 'No' on the Illinois Disclosure Report, document the discrepancy in writing with your agent and decide whether to renegotiate or walk.
Step 6 — After closing, store the signed Illinois Disclosure Report with your transaction records in case you later discover a defect the seller knowingly hid.
Common questions
When is the Illinois seller supposed to give me the Disclosure Report?
What happens if I only see the disclosure after I make an offer?
Does an 'as-is' Illinois listing skip the Disclosure Report?
Can I sue the seller if they lied on the Illinois Disclosure Report?
Do I still need a home inspection if I have the disclosure?
Are any Illinois homes exempt from the disclosure rule?
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