Map the obligation rather than using a label

Write down the legal ownership and transfer structure, who has lived in or managed the property, and the building's relevant characteristics. Ask the attorney to evaluate applicability from those facts. 'Inherited' is a history description; it does not tell you whether the current seller is acting as a fiduciary, an individual owner, or someone with a different role. Likewise, 'renovated' does not make an existing building equivalent to never-occupied new construction.

Create a checklist separating each framework and its required materials. Lead information concerns most pre-1978 housing with specified exceptions; state condition reporting has its own scope; radon disclosure under the Illinois Radon Awareness Act has its own Section 20 exclusions; association records depend on ownership structure and transaction provisions. Keep the completion and delivery process attached to each item so one form does not stand in for everything. Where applicability remains unresolved, do not publish a blanket explanation or improvise an answer to the buyer. Resolve the specific question, retain the supporting interpretation within the transaction file, and keep the marketing description accurate while that review proceeds.

  • Start from transfer facts.
  • Separate state, federal, and association questions.
  • Resolve uncertainty before relying on an exemption.

This answer belongs to Seller disclosures and property records in Chicago. Read the guide for the wider transaction context.

Sources and effective dates

Read the original guidance and use the version applicable to your property and transaction. Practical planning suggestions are distinguished from legal or program requirements.

  • Illinois Residential Real Property Disclosure Act

    Covers residential real property improved with one to four dwelling units, units in residential cooperatives, and condominium units. Section 15 lists exempt transfers, including transfers pursuant to court order such as probate-court transfers in the administration of an estate (15(1)), transfers by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust (15(3)), and transfers from a decedent pursuant to testate disposition, intestate succession, or a transfer on death instrument (15(5)). Under Section 5, "seller" does not include a beneficiary who has both never occupied the residential real property and never had management responsibility for it. Section 30 requires a written supplement if, before closing, the seller becomes aware of an error, inaccuracy or omission in a prior report. Check scope and exemptions with an Illinois attorney; do not assume every transfer uses the same disclosure.

    Source checked · Illinois
  • Illinois Radon Awareness Act, 420 ILCS 46/10

    Except as excluded by Section 20, the seller must provide the buyer the IEMA pamphlet "Radon Testing Guidelines for Real Estate Transactions" (or an equivalent IEMA-approved pamphlet) and the Illinois Disclosure of Information on Radon Hazards before the buyer is obligated under any contract to purchase residential real property. The section states that nothing in it implies an obligation on the seller to conduct radon testing or mitigation. Section 20 exclusions include court-ordered transfers, fiduciary transfers in administering a decedent's estate, transfers pursuant to testate or intestate succession, and transfers of dwelling units on the third story or higher above ground level. Confirm applicability with an Illinois attorney.

    Source checked · Illinois
  • EPA: Real estate disclosures about potential lead hazards

    Generally applies to most pre-1978 housing, subject to exceptions. Verify the property and transaction's applicability.

    Source checked · United States