LOCAL RULES

Illinois seller's disclosure requirements

Your Illinois seller's disclosure has 4 rules to meet. ReportDraft puts every one on your checklist and checks your draft before you sign.

  • Every statement answered Yes, No or N/A
  • The report delivered before the contract is signed
  • An explanation for each Yes or N/A
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An Illinois seller of a home with up to 4 units, a condominium or a cooperative unit gives the prospective buyer a Residential Real Property Disclosure Report before the contract is signed: 24 statements about the home answered yes, no or not applicable, explanations, signatures, and the Act's own text printed on the form. Here is each rule with a link to the statute.

Last reviewed October 25, 2026 against the official sources listed below.

Seller's disclosureILLINOIS / FREE CALCULATOR

Delivery and deadlines

WhatWhenRule
Disclosure report delivered to the prospective buyerBefore the contract is signed (November 2, 2026)765 ILCS 77/20
Delivered after the contract was signed: if it discloses a material defect (a Yes to any statement except 1 and 2), the buyer may terminate and get the earnest money backUntil November 12, 2026 (5 business days after receiving it on November 5, 2026)765 ILCS 77/40 (a)
A written supplement for any error, inaccuracy or omission the seller learns ofBefore closing765 ILCS 77/30

Dates count from the dates entered. Business days skip weekends but not public holidays. The contract itself may set other deadlines; check it.

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What Illinois requires

  • The Act covers transfers by sale, exchange, installment contract, assignment of beneficial interest, lease with an option to purchase or ground lease of residential real property: 1 to 4 dwelling units, cooperative units and condominium units765 ILCS 77/5 and 77/10 · 765 ILCS 77/5, "residential real property"
  • The seller completes all items in the disclosure report, answering each statement yes, no or not applicable765 ILCS 77/20
  • The seller delivers the report to the prospective buyer before the signing of a contract, in person, electronically, by first class mail or by a delivery service; delivery is effective on receipt765 ILCS 77/20 · 765 ILCS 77/50
  • Every statement answered yes or not applicable, except statement 1, is explained in the report's additional information area765 ILCS 77/35
  • If a report disclosing a material defect (a yes to any statement except 1 and 2) is delivered after all parties signed the contract, the buyer may terminate within 5 business days after receiving it, with the earnest money returned765 ILCS 77/40 (a)
  • A seller who learns of an error, inaccuracy or omission before closing delivers a written supplemental disclosure765 ILCS 77/30
  • The seller discloses material defects of which the seller has actual knowledge, without a duty to investigate, and is not liable for errors the seller did not know of or reasonably believed were corrected765 ILCS 77/25
  • Exempt transfers include court-ordered transfers, foreclosure transfers, transfers by a fiduciary or from a decedent's estate, between co-owners, to a spouse or lineal relatives, relocation transfers, transfers to or from a government, and never-occupied new homes765 ILCS 77/15
  • Sections 5 to 65 of the Act, except section 35, are printed on or as part of the report765 ILCS 77/65
  • A buyer who gets no report before the conveyance may terminate the contract; a seller who knowingly violates the Act or discloses false information is liable for actual damages and court costs, and actions must start within one year765 ILCS 77/55 · 765 ILCS 77/60

Which sales need the report

The Act covers sales, exchanges, installment contracts, assignments of a land trust's beneficial interest, leases with an option to purchase and ground leases of homes with 1 to 4 units, condominium units and cooperative units. Court-ordered and foreclosure transfers, transfers by a fiduciary or from a decedent's estate, transfers between co-owners or to a spouse or lineal relatives, relocation transfers, transfers to or from a government and never-occupied new homes are exempt.

Completing the report

The seller answers every one of the 24 statements yes, no or not applicable, from actual notice or actual knowledge, without having to investigate. Every yes or not applicable answer except statement 1 gets an explanation in the additional information area. The seller must disclose the material defects the seller actually knows of.

The report also carries the Act's sections 5 to 65 (all but the form itself), printed on it as section 65 requires, and two closing paragraphs in bold.

Delivery, late reports and supplements

The seller delivers the report before the contract is signed: in person, by email or other electronic delivery, by first class mail or by a delivery service. Delivery counts when the buyer receives it.

If a report that discloses a material defect arrives after everyone signed the contract, the buyer has 5 business days after receiving it to terminate and get the earnest money back. If the seller learns of an error or omission before closing, the seller delivers a written supplement.

Common mistakes

  • Signing the contract first and delivering the report afterwards, which gives the buyer 5 business days to walk away if a defect is disclosed.
  • Answering yes or not applicable without the explanation the form requires.
  • Leaving off the Act's sections 5 to 65, which must be printed on the report.
  • Forgetting the written supplement when something changes before closing.

Sources

Last reviewed October 25, 2026. Next review due January 25, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.