Is a disclosure mandatory in Illinois?

Many residential transactions use a seller disclosure; obligations can vary by property type and local ordinance. Consult the Illinois disclosure statute or local counsel for specific mandatory requirements in your transaction.

Can the disclosure be signed electronically?

Yes. Electronic signatures are legally recognized under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA in most jurisdictions, provided intent, consent, attribution, and reliable record retention are met.

What if a seller discovers a new defect after signing?

Sellers should disclose material changes promptly and provide an updated disclosure; failure to update can lead to contract remedies or post-closing claims depending on the materiality and timing.

Who must sign the disclosure?

All sellers of record should sign and date the form. Where a trust or entity owns property, authorized signatories must sign on the entity’s behalf and indicate capacity.

Are notarization or witnesses required?

Notarization and witness rules vary by document type and state. Seller disclosures are often not notarized, but deeds typically require a notary acknowledgement; verify with local closing or title counsel.

How long should I keep the disclosure?

Retain the signed disclosure for the transaction lifecycle and in line with retention rules: at least three years for tax-related concerns and longer where state or industry rules apply.

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Illinois Real Property Disclosure

Illinois Real Property Disclosure

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RESIDENTIAL REAL PROPERTY DISCLOSURE REPORT

NOTICE: The purpose of this report is to provide prospective buyers with information about material defects in the residential real property. This report does not limit the parties' right to contract for the sale of residential real property in "as is" condition. Under common law, sellers who disclose material defects may be under a continuing obligation to advise the prospective buyers about the condition of the residential real property even after the report is delivered to the prospective buyer. Completion of this report by the seller creates legal obligations on the seller; therefore the seller may wish to consult an attorney prior to completion of this report.

Property Address:

City, State & Zip Code:

Seller’s Name:

This Report is a disclosure of certain conditions of the residential real property listed above in compliance with the Residential Real Property Disclosure Act. This information is provided as of (month) (day) (year), and does not reflect any changes made or occurring after that date or information that becomes known to the seller after that date. The disclosures herein shall not be deemed warranties of any kind by the seller or any person representing any party in this transaction.

In this form, “am aware” means to have actual notice or actual knowledge without any specific investigation or inquiry. In this form, "material defect" means a condition that would have a substantial adverse effect on the value of the residential real property or that would significantly impair the health or safety of future occupants of the residential real property unless the seller reasonably believes that the condition has been corrected.

The seller discloses the following information with the knowledge that even though the statements herein are not deemed to be warranties, prospective buyers may choose to rely on this information in deciding whether or not and on what terms to purchase the residential real property.

The seller represents that to the best of his or her actual knowledge, the following statements have been accurately noted as "yes" (correct), "no" (incorrect), or "not applicable" to the property being sold. If the seller indicates that the response to any statement, except number 1, is yes or not applicable, the seller shall provide an explanation, in the additional information area of this form.

Statement	YES	NO	N/A
1. Seller has occupied the property within the last 12 months. (No explanation is needed.)
2. I am aware of flooding or recurring leakage problems in the crawl space or basement.
3. I am aware that the property is located in a flood plain or that I currently have flood hazard insurance on the property.
4. I am aware of material defects in the basement or foundation (including cracks and bulges).
5. I am aware of leaks or material defects in the roof, ceilings, or chimney.
6. I am aware of material defects in the walls or floors.
7. I am aware of material defects in the electrical system.
8. I am aware of material defects in the plumbing system (include such things as water heater, sump pump, water treatment system, sprinkler system, and swimming pool).
9. I am aware of material defects in the well or well equipment.
10. I am aware of unsafe conditions in the drinking water.
11. I am aware of material defects in the heating, air conditioning, or ventilating systems.
12. I am aware of material defects in the fireplace or woodburning stove.
13. I am aware of material defects in the septic, sanitary sewer, or other disposal system.
14. I am aware of unsafe concentrations of radon on the premises.
15. I am aware of unsafe concentrations of or unsafe conditions relating to asbestos on the premises.
16. I am aware of unsafe concentrations of or unsafe conditions relating to lead paint, lead water pipes, lead plumbing pipes or lead in the soil on the premises.
17. I am aware of mine subsidence, underground pits, settlement, sliding, upheaval, or other earth stability defects on the premises.
18. I am aware of current infestations of termites or other wood boring insects.
19. I am aware of a structural defect caused by previous infestations of termites or other wood boring insects.
20. I am aware of underground fuel storage tanks on the property.
21. I am aware of boundary or lot line disputes.
22. I have received notice of local, state or federal laws or regulations relating to this property, which violation has not been corrected.
23. I am aware that this property has been used for the manufacture of methamphetamine as defined in Section 10 of the Methamphetamine Control and Community Protection Act.

NOTE: These disclosures are not intended to cover the common elements of a condominium, but only the actual residential real property including limited common elements allocated to the exclusive use thereof that form an integral part of the condominium unit.

NOTE: These disclosures are intended to reflect the current condition of the premises and do not include previous problems, if any, that the seller reasonably believes have been corrected.

If any of the above are marked "not applicable" or "yes", please explain here or use additional pages, if necessary:

Check here if additional pages used:

Seller certifies that seller has prepared this statement and certifies that the information provided is based on the actual notice or actual knowledge of the seller without any specific investigation or inquiry on the part of the seller. The seller hereby authorizes any person representing any principal in this transaction to provide a copy of this report, and to disclose any information in the report, to any person in connection with any actual or anticipated sale of the property.

Seller:

Date:

Seller:

Date:

THE PROSPECTIVE BUYER IS AWARE THAT THE PARTIES MAY CHOOSE TO NEGOTIATE AN AGREEMENT FOR THE SALE OF THE PROPERTY SUBJECT TO ANY OR ALL MATERIAL DEFECTS DISCLOSED IN THIS REPORT ("AS IS").

THIS DISCLOSURE IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THAT THE PROSPECTIVE BUYER OR SELLER MAY WISH TO OBTAIN OR NEGOTIATE. THE FACT THAT THE SELLER IS NOT AWARE OF A PARTICULAR CONDITION OR PROBLEM IS NO GUARANTEE THAT IT DOES NOT EXIST. THE PROSPECTIVE BUYER IS AWARE THAT HE MAY REQUEST AN INSPECTION OF THE PREMISES PERFORMED BY A QUALIFIED PROFESSIONAL.

Prospective Buyer:

Date:

Time:

Prospective Buyer:

Date:

Time:

- 1 -

What the Illinois Real Property Disclosure Is and Why It Matters

The Illinois Real Property Disclosure is a seller-provided statement that summarizes known material facts about a residential property's condition and history. It typically covers structural issues, systems and appliances, environmental hazards, zoning or permit problems, and other matters a reasonable buyer would want to consider. The disclosure helps allocate information risk between buyer and seller, supports informed negotiations, and becomes part of the transaction record used by agents, lenders, and closing professionals.

Why a Clear Disclosure Benefits Every Transaction

A complete disclosure reduces post-closing disputes, supports lender underwriting, and clarifies seller disclosure obligations under state law. It protects buyers through transparency and helps sellers limit exposure by documenting known issues in writing.

Who Typically Prepares and Reviews the Disclosure

Several parties interact with the Illinois Real Property Disclosure during a residential sale.

Listing agents and sellers prepare and provide the disclosure to prospective buyers during marketing and negotiation.
Buyers and buyer agents review disclosures to plan inspections, price offers, and negotiate repairs.
Lenders, title officers, and closing agents use the disclosure to identify underwriting or title issues early.

Proper completion benefits all stakeholders by reducing surprises and creating a clear record of seller statements.

Core Elements of a Professional Illinois Real Property Disclosure

A thorough disclosure organizes information logically, is signed and dated, and attaches supporting documents when relevant. Include clear answers, exceptions where the seller lacks knowledge, and references to inspections or repairs that support statements.

Property Identification

Street address, legal description, and parcel or PIN number to ensure the disclosure applies to the correct property and recording documents.

Structural Condition

Known defects in foundation, roof, walls, or load-bearing elements, including date of discovery and any repairs performed with receipts.

Systems & Utilities

Status of plumbing, electrical, HVAC, septic/sewer, and water sources, with notes on age, recent repairs, or recurring problems.

Environmental & Hazardous Issues

Known presence of lead paint, asbestos, radon, underground storage tanks, flooding history, or contamination disclosures.

Legal/Title Concerns

Pending litigation, liens, easements, permits not finalised, or code violations that could affect transfer or use.

Attachments and Exceptions

Inspection reports, repair invoices, permit records, and explicit statements where seller indicates 'no knowledge' rather than affirmative denial.

Step-by-Step: Preparing and Delivering the Disclosure

Follow a consistent sequence to reduce errors and speed review before offers or closing.

01

1. Gather Records: Collect inspection reports, permits, repair invoices, and title information.
02

2. Complete Responses: Answer each question accurately; mark 'unknown' if unsure rather than guessing.
03

3. Sign and Date: Ensure all sellers sign; include printed names and the effective date.
04

4. Deliver to Parties: Provide the disclosure to buyer, buyer agent, and lender as part of the transaction packet.

Configuring an Online Disclosure Workflow

Set up templates and authentication to keep transactions consistent and auditable.

Field	Configuration
Template	Create a reusable disclosure template with required fields.
Authentication	Use email with optional SMS or ID verification for signer attribution.
Conditional Fields	Show follow-up questions when sellers select 'Yes' on problem items.
Notifications	Auto-notify agents, buyers, and closing parties when signed.

Digital Signing and eSubmission Essentials

Electronic execution and secure delivery streamline disclosures when platforms meet legal and technical standards.

File Formats: PDF and DOCX supported for portability.
Integrations: Connect to MLS, title, and CRM systems.
Security: Encryption at rest and in transit.

Where to Send the Completed Disclosure in a Typical Transaction

Distribute the completed disclosure to ensure all transaction stakeholders can act on the information.

Listing Agent: Holds original and provides copy to buyer and buyer agent.
Buyer or Buyer Agent: Reviews disclosure before inspections or offer submission.
Lender or Underwriter: Uses disclosure to identify underwriting or inspection requirements.
Closing Agent / Title: Files disclosure in closing packet and retains record.

Common Timing Expectations for Disclosure Delivery

Timelines vary by market and contract terms; track when the disclosure is prepared, provided, and retained.

At Listing:

Provide the disclosure to prospective buyers during marketing and showings.

Before Offer:

Buyers typically review disclosure before submitting an offer or deposit.

During Due Diligence:

Use disclosure to scope inspections and negotiate repairs.

Prior to Closing:

Ensure updated disclosures are available if material facts change.

Record Retention:

Keep a signed copy in transaction files after closing.

Key Transaction Milestones for the Disclosure

Track these sequential stages to avoid delays and preserve legal protections.

01

Prepare Disclosure

Seller compiles facts and documents; initial draft completed.

02

Deliver to Buyer

Disclosure provided to buyer and agents for review.

03

Inspection & Negotiation

Buyer inspects property and negotiates based on disclosures.

04

Closing Submission

Signed disclosure included in closing package and records.

Common Mistakes to Avoid When Preparing the Disclosure

Leaving answers blank or marked inconsistently increases dispute risk and lender questions.
Using vague language like 'some problems' instead of specifics frustrates buyers and title officers.
Failing to attach inspection or repair receipts can delay underwriting and closing approval.
Signing without matching the name on title or deed may require corrective documentation.

Potential Consequences of an Incorrect or Missing Disclosure

Civil Liability: Damages possible

Contract Rescission: Buyer may rescind

Delayed Closing: Underwriting issues

Title Complications: Claims or liens revealed

Reputational Harm: Agent/seller credibility loss

Regulatory Penalties: Fines in specific cases

Required Information and Key Data Elements

Seller Identity: Full legal name

Property Details: Street address and PIN

Known Defects: Concise factual list

Environmental Items: Lead, radon, tanks

Signatures: Seller signature and date

Attachments: Reports, permits, invoices

Supporting Documents and File Options to Include

Attach documents that substantiate statements on the disclosure. Use common, portable formats to aid review and retention.

Inspection Reports

Home inspection, pest inspection, and specialized testing reports validate seller statements and inform buyer remedies.

Repair Invoices

Receipts and contractor warranties for recent repairs show completed work and limit future disputes.

Permit Records

Documentation of building permits and closed inspections clarifies code compliance and title clearing.

Survey or Title Commitment

Surveys and title documents identify easements and encumbrances relevant to the buyer and title insurer.

Selected eSignature Vendor Pricing and Feature Snapshot

Compare starting price and core capabilities for common eSignature vendors used to execute disclosures and closing documents.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

How Different Parties Use the Disclosure in Practice

Real-world scenarios show how disclosures reduce friction and create documented expectations between buyers and sellers.

Broker Example

An agent attaches a recent inspection report to the disclosure to support seller statements

The buyer reviews items and narrows inspection scope
This reduced negotiation time and clarified repair responsibilities before closing, improving transaction predictability.

Lender Example

A lender flags disclosed HVAC issues for conditional underwriting

Appraisal and lender request a mechanical inspection
The seller provides repair invoices, allowing the loan to proceed without additional holdbacks at closing.

Frequently Asked Questions About the Illinois Real Property Disclosure

Answers to common questions about requirements, eSigning, signatures, and recordkeeping for disclosure forms in Illinois transactions.

Need help? Contact support

Is a disclosure mandatory in Illinois?
Many residential transactions use a seller disclosure; obligations can vary by property type and local ordinance. Consult the Illinois disclosure statute or local counsel for specific mandatory requirements in your transaction.
Can the disclosure be signed electronically?
Yes. Electronic signatures are legally recognized under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA in most jurisdictions, provided intent, consent, attribution, and reliable record retention are met.
What if a seller discovers a new defect after signing?
Sellers should disclose material changes promptly and provide an updated disclosure; failure to update can lead to contract remedies or post-closing claims depending on the materiality and timing.
Who must sign the disclosure?
All sellers of record should sign and date the form. Where a trust or entity owns property, authorized signatories must sign on the entity’s behalf and indicate capacity.
Are notarization or witnesses required?
Notarization and witness rules vary by document type and state. Seller disclosures are often not notarized, but deeds typically require a notary acknowledgement; verify with local closing or title counsel.
How long should I keep the disclosure?
Retain the signed disclosure for the transaction lifecycle and in line with retention rules: at least three years for tax-related concerns and longer where state or industry rules apply.

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