Determine applicability before completing forms
Have the property's transfer and ownership circumstances reviewed against the current Illinois disclosure framework. The Illinois Residential Real Property Disclosure Act covers property with one to four dwelling units, units in residential cooperatives, and condominium units. Its Section 15 exemptions include transfers pursuant to court order, such as transfers ordered by a probate court in administering an estate. For estate sales, the points to have an Illinois attorney apply include Section 15(3), transfers by a fiduciary in the course of the administration of a decedent's estate; Section 15(5), transfers from a decedent by will, intestate succession, or a transfer on death instrument; and the Section 5 definition, under which "seller" does not include a beneficiary who has both never occupied the property and never had management responsibility for it. None of these is a blanket exemption, and an estate, trust, renovation, or as-is label should not be turned into a blanket rule. Separately, under the Illinois Radon Awareness Act, except as excluded by Section 20, the seller must give the buyer the IEMA pamphlet "Radon Testing Guidelines for Real Estate Transactions" and the Illinois Disclosure of Information on Radon Hazards before the buyer is obligated under any contract. Separate state condition reporting from radon disclosure, federal lead requirements, and other transaction obligations.
Identify which forms and records apply, who should complete them, and when they must be delivered. Keep legal interpretation within the appropriate engagement rather than selecting an exemption because it seems administratively easier.
- Confirm the actual transfer structure.
- Separate the different disclosure frameworks.
- Record delivery and supplement procedures.
Answer from knowledge and supporting records
Use your actual knowledge and review the available records without inventing certainty. If work addressed a known issue, keep the diagnosis, scope, and current information together. A repair may be relevant context without proving that every related condition is permanently resolved.
Ask for legal guidance where the wording or applicability is unclear. Avoid treating an unanswered item, missing record, or old inspection as evidence of absence. The property folder should help a buyer understand what is known and what still needs investigation.
- Distinguish observed facts from assumptions.
- Retain relevant reports and work records.
- Do not guess at an unknown answer.
Keep approval and association records organized
Collect relevant permits and project records, noting the exact address and scope. Chicago's public database states completeness limits, so it is a research lead rather than a full history guarantee. Do not describe every improvement as permitted solely because some unrelated record exists.
For condominiums, organize the requested resale information and track missing items in coordination with the attorney and association. Co-ops require their own documents and process. Under Section 22.1, the association's principal officer or designated officer must furnish the listed information within 10 business days of a written request. From January 1, 2027 (P.A. 104-734), the list also includes the association's collection policy; transaction review must use the version in effect for the closing date.
- Match a permit to the claimed work.
- Identify document dates and omissions.
- Use the correct ownership framework.
Revisit information when facts change
If new damage, a report, or other material information arises before closing, tell the transaction team promptly and follow the applicable supplement and delivery process. Do not assume an earlier form remains complete merely because the contract was signed. Keep the updated records and evidence of delivery.
An as-is agreement and a buyer's inspection do not by themselves answer every disclosure obligation. Track legal duties, contract obligations, and practical explanations separately so a negotiation choice is not mistaken for a waiver of an unrelated requirement.
- Report new material information promptly.
- Save the current version and delivery record.
- Coordinate amendments with disclosure updates.
Questions and answers
Start with these
How do I know which seller disclosures apply?
Have the actual property, ownership, and transfer reviewed against current requirements.
Read the full explanationWhat if I learn something new after delivering a disclosure?
Notify the attorney or transaction team promptly and determine the required supplement, delivery method, and any contract consequence.
Read the full explanationMore questions in this guide
How should I describe a problem that was repaired?
Provide the known history and relevant work records, while avoiding a guarantee unsupported by evidence. Distinguish the original observation, diagnosis, completed scope, and current information. Ask how that history should be reflected in the applicable disclosure. A paid invoice or an absence of recent symptoms may be useful context, but neither automatically proves that every related condition is permanently resolved.
Does selling as-is remove disclosure duties?
Do not assume the contract label removes legal obligations. Have applicability and the actual language reviewed, and keep known condition information and required records accurate. As-is terms may allocate repair expectations without resolving separate disclosure questions. A buyer's inspection is also a different process. Avoid using either as a reason to omit material information or claim a blanket exemption from the applicable framework.
What lead records should a seller of older housing review?
For housing within the federal rule's scope, review known lead information and available records, including relevant common-area or building-wide evaluations for multi-unit properties. EPA's framework also addresses the pamphlet and transaction disclosure process. Check applicability and timing before committing. Do not describe renovated surfaces as lead-free without appropriate evidence or assume an ordinary condition report fulfills every lead-related requirement.
What should I do if permit history is incomplete?
Identify the work in question and compare your records with the relevant city information. Ask for appropriately scoped follow-up where a material gap or contradiction remains. Chicago's database does not guarantee a complete or current history. Do not invent a permit, infer completion from an unrelated entry, or claim that no record proves no work occurred. Keep the uncertainty visible in the transaction file.
How should a condo seller organize association records?
Coordinate the applicable requested resale package with the association and attorney, track document dates and missing material, and keep the current governing and financial records available. Read Section 22.1 using the version effective for the transaction: the association may charge the seller a reasonable fee capped at $375 in the statute and adjusted annually by the change in the consumer price index, and from January 1, 2027 (P.A. 104-734) the list also includes the association's collection policy. Do not assume a co-op follows the same statutory process or promise that a package establishes the building's complete condition.
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 - IEMA-OHS: Radon
Use current Illinois forms and qualified testing guidance. A disclosure does not establish the home's measured level.
Source checked · Illinois - Chicago: Building permit and inspection records disclaimer
The City's database is a starting point; records have coverage and reliability limits and do not establish compliance by themselves.
Source checked · Chicago, Illinois - Illinois Condominium Property Act: Section 22.1
The official text shows the current section (P.A. 102-976, effective January 1, 2023) and an amendment by P.A. 104-734, effective January 1, 2027, that adds a copy of the association's collection policy adopted under Section 18.4(t) to the resale disclosure list. The listed information is furnished within 10 business days of a written request. The association may charge the unit seller a reasonable fee for direct out-of-pocket costs, capped at $375 in the text and adjusted annually for consumer-price-index changes; an additional $100 may be charged for rush service completed within 72 hours. Confirm the text in effect on your transaction date.
Source checked · Illinois