Key Takeaways
- Illinois requires sellers to complete the Residential Real Property Disclosure Report
- The disclosure covers known material defects, environmental hazards, and property conditions
- Sellers must disclose known issues but are NOT required to conduct inspections
- Disclosure must be provided to buyers before acceptance of the offer
- Certain transfers are exempt including foreclosures, probate, and new construction
Last updated: January 2026
Residential Real Property Disclosure
Illinois requires sellers to disclose known property conditions through the Residential Real Property Disclosure Report.
Important: This section covers Illinois-specific content only. For national disclosure concepts, see our Real Estate Salesperson exam prep.
Disclosure Requirements
When Required
| Transaction Type | Required? |
|---|---|
| 1-4 unit residential | YES |
| Condominium units | YES |
| Vacant land (residential) | YES |
| Commercial | NO |
| 5+ unit residential | NO |
Timing
| When | Requirement |
|---|---|
| Before acceptance | Seller provides to buyer |
| With offer | Often included |
| Prior to contract | Must be delivered |
What Must Be Disclosed
Categories
| Category | Examples |
|---|---|
| Structural | Foundation, roof, walls |
| Mechanical | HVAC, plumbing, electrical |
| Environmental | Radon, lead paint, asbestos |
| Water/drainage | Flooding, water damage |
| Pest | Termites, rodents |
| Legal | Zoning, liens, assessments |
| Neighborhood | Noise, nuisances |
Seller's Obligations
What Sellers MUST Do
| Obligation | Description |
|---|---|
| Disclose known defects | Material conditions |
| Complete form | Answer all questions |
| Update | If conditions change |
| Good faith | Honest answers |
What Sellers Do NOT Have To Do
| Not Required | Notes |
|---|---|
| Conduct inspections | Not required to test |
| Warrant condition | Not guaranteeing |
| Predict problems | Only known issues |
| Expert knowledge | Reasonable knowledge |
Exemptions
Exempt Transfers
| Type | Reason |
|---|---|
| Foreclosure | Bank-owned |
| Probate/estate | Executor sales |
| Court-ordered | Divorce, bankruptcy |
| New construction | Builder warranty |
| First sale by builder | New construction |
| Government | Tax sales |
| Gift/inheritance | Non-arm's length |
Buyer's Rights
| Right | Details |
|---|---|
| Receive disclosure | Before contract |
| Inspect property | Independent inspection |
| Rescind | If material misrepresentation |
| Legal action | For fraud/misrepresentation |
Consequences of Non-Disclosure
| Consequence | Description |
|---|---|
| Civil liability | Damages to buyer |
| License discipline | IDFPR action |
| Rescission | Cancel contract |
| Fraud charges | Criminal in severe cases |
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Test Your Knowledge
When must the seller provide the Residential Real Property Disclosure Report to the buyer?
A
B
C
D
Test Your Knowledge
Which transfer is exempt from the Illinois disclosure requirements?
A
B
C
D