Most Illinois sellers must give buyers three disclosures before the buyer signs a contract:
1. The state’s 24-question Residential Real Property Disclosure Report, covering known material defects
2. The federal lead-based paint disclosure, if the home was built before 1978
3. The radon disclosure and IEMA pamphlet
You disclose what you actually know. You don’t have to inspect or test. Estate, trust, foreclosure and some family sales are exempt from the state report.
I’m a broker, not an attorney. This is general information, not legal advice.
The Residential Real Property Disclosure Act (765 ILCS 77)
The Act covers 1–4 unit homes, condos and co-ops, including installment contracts and lease-to-own deals.
- Actual knowledge only: you answer “without any specific investigation or inquiry” (Sec. 25).
- Material defect: a condition that would substantially lower the value or significantly impair health or safety. The form reflects the home’s current condition, so a problem you reasonably believe was corrected isn’t a current defect.
- Good-faith protection: you aren’t liable for errors from information supplied by a public agency, engineer, surveyor, pest control operator or contractor, as long as you didn’t know it was wrong.
The 24 Questions, Grouped
The current form (Public Act 102-765, 2022) has 24 yes / no / N/A items. Older articles mention 22 or 23 questions.
| Topic | What it asks about |
|---|---|
| You and the property (Q1–2) | Whether you lived there in the last 12 months; whether you carry flood insurance |
| Water (Q3–4) | Basement or crawl space flooding or recurring leaks; floodplain |
| Structure (Q5–7) | Foundation cracks or bulges; roof, ceiling or chimney leaks; walls, windows, doors, floors |
| Systems (Q8–14) | Electrical; plumbing (water heater, sump, sprinkler, pool); well; drinking water; HVAC; fireplace or stove; septic or sewer |
| Environmental (Q15–18) | Radon; asbestos; lead paint, pipes or soil; settlement or mine subsidence |
| Pests (Q19–20) | Current termites or wood-boring insects; past structural damage |
| Legal (Q21–24) | Underground fuel tanks; boundary disputes; uncorrected code violations; meth manufacture |
A “yes” or “N/A” on anything other than Q1 needs an explanation. Keep it short and factual, for example: “Seepage in NE basement corner during heavy rain, 2022. Drain tile and sump installed by a licensed contractor in 2023; dry since. Receipts available.” For condos, the form covers your unit and its limited common elements, not the building’s common areas.
Deadlines and Consequences
| Situation | Rule |
|---|---|
| Delivery | Before the buyer signs a contract (Sec. 20), in person, by email, first-class mail or courier (Sec. 50) |
| Delivered late and it reveals a material defect | Buyer has 5 business days to cancel with full earnest money back (Sec. 40). Older articles say 3 days |
| You learn something new before closing | Give a written supplement (Sec. 30). The buyer can cancel only if you knew earlier, it can’t be fixed before closing, or you won’t agree in writing within 5 business days to fix it |
| No report before closing | Buyer can terminate |
| Knowingly false or missing | Liable for actual damages and court costs, and possibly attorney’s fees (Sec. 55). Claims must be filed within 1 year (Sec. 60). Fraud claims remain available (Sec. 45) |
I have sellers fill out the form at listing so it’s ready for any serious buyer.
Who’s Exempt From the State Report (Sec. 15)
- Executors, administrators, trustees and guardians administering an estate or trust, plus transfers to heirs
- Court-ordered sales: probate, divorce judgments, bankruptcy
- Foreclosures, deeds in lieu and lender-owned sales
- Transfers between co-owners or to a spouse, child, parent or other direct-line relative
- Never-occupied new construction (a rehab doesn’t qualify)
- Transfers to or from a government entity
- Relocation company sales, if the company passes along the original seller’s report
The lead and radon rules have their own exemptions. Handling a parent’s house? See Selling an Inherited Home in Illinois.
Lead-Based Paint (Homes Built Before 1978)
Under the EPA/HUD Lead Disclosure Rule (40 CFR 745, Subpart F), before the buyer is obligated you must:
– Disclose any known lead paint or hazards and hand over any reports you have
– Give the EPA pamphlet Protect Your Family From Lead in Your Home
– Attach the Lead Warning Statement and signed acknowledgments to the contract
– Allow a 10-day testing opportunity, unless it’s waived in writing or the parties agree otherwise
– Keep the signed acknowledgment for 3 years
You don’t have to test or remove lead. Check your year built early, since many homes in older parts of Crystal Lake, Woodstock, Elgin, Barrington and Arlington Heights predate 1978.
Radon
Under the Illinois Radon Awareness Act (420 ILCS 46/10), give the buyer the IEMA pamphlet Radon Testing Guidelines for Real Estate Transactions and the Disclosure of Information on Radon Hazards form, and share any elevated results you know of. Testing and mitigation aren’t required. Both forms are on IEMA-OHS’s real estate radon page.
What Paperwork Do I Need to Sell My House in Illinois?
- Ownership: deed (or the exact names on title), your old survey, and your owner’s title policy
- Taxes: your latest property tax bill and exemptions. Taxes are paid a year behind, so this sets the closing credit. See my property tax comparison
- Loans: mortgage and HELOC statements so payoff letters can be ordered
- HOA: management contact, dues, special assessments, and the paid assessment letter fee
- Condos: the Section 22.1 (765 ILCS 605/22.1) packet, which covers the declaration, bylaws, rules, budget, reserves, insurance, litigation, capital plans and your assessment status. Order it early
- Village requirements: Huntley, Crystal Lake and Algonquin have no transfer stamp but require a final water bill. Other towns may require stamps or point-of-sale inspections, and I’ll check yours
- Home history: receipts and warranties (roof, HVAC, water heater, sump), permits, and past inspection or radon reports
Timeline: How Long Does It Take to Sell a Home in the Northwest Suburbs?
Fix It or Disclose It?
- Fixed properly? Keep the licensed contractor’s invoice and warranty so you have a clean answer if an inspector spots the old repair.
- Disclosure rarely kills deals. A surprise the seller clearly knew about does.
- Fix safety items, active leaks and anything a lender may flag. For cosmetic issues, consider pricing for them or offering a credit. As-is sales are allowed but don’t replace disclosure.
- Unsure if something counts? Ask your agent or attorney rather than leaving it blank. Every item must be completed.
FAQ
Do I have to disclose problems I’ve already fixed?
The form reflects the home’s current condition, so problems you reasonably believe are corrected aren’t current defects. Keep the records, and many sellers mention major repairs anyway.
Do I have to get an inspection or test for radon or lead?
No. But anything a pre-listing inspection or test finds becomes “actual knowledge” you must disclose.
When does the buyer get the disclosure report?
Before signing the contract. If it’s late and reveals a material defect, the buyer has 5 business days to cancel.
Do I fill it out when selling my late parent’s house?
Executor and trustee sales are exempt from the state report, but the lead and radon rules may still apply.
Can I sell as-is and skip disclosures?
No. As-is is allowed, but the required disclosures still apply unless the sale is exempt.
Ready to Sell?
I’ll walk you through every form, flag your town’s requirements and help you decide what to fix. Get a free home value, contact me, or call/text 224-858-0022.
Dana Gallagher, Broker | Berkshire Hathaway HomeServices Starck Real Estate | Serving the Northwest Suburbs
General information as of October 2026, not legal advice. Consult an Illinois real estate attorney.
Have a question? Ask Dana
Related: Buying next? See Illinois buyer closing costs.