Does a home seller have to disclose the property’s condition in Illinois?

In Illinois, a seller of residential property with 1 to 4 units, a condominium unit or a cooperative unit must complete every item of the state disclosure report and deliver it to the buyer before the contract is signed, and a buyer who receives a report disclosing a material defect only after signing may terminate within 5 business days and get the earnest money back. A material defect disclosed later in a supplement to the report gives the buyer a right to terminate only in limited cases, such as when the seller knew of it when the first report was signed or will not agree in writing to repair it within 5 business days. The right to terminate ends once the property is conveyed. Federal law separately requires a lead-based paint disclosure when selling most homes built before 1978. This is 765 ILCS 77/5, 77/20, 77/40.

WhatIllinois
Seller disclosureRequired before signing; 5 business days to cancel if late
Kind of ruleA written property condition statement is required

What the statute says

“A seller of residential real property shall complete all items in the disclosure report described in Section 35. The seller shall deliver to the prospective buyer the written disclosure report required by this Act before the signing of a contract.”

Quoted word for word from the section’s text.

Source

765 ILCS 77/5, 77/20, 77/40

Read the statute in the Illinois Compiled Statutes (Illinois General Assembly): ilga.gov.

Checked against the statute on November 15, 2026.

This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.

How Seayora uses this rule

This page states the state’s rule so the costs and paperwork of a sale can be checked against it before a contract is signed. An owner on Seayora keeps each property’s owners of record and its documents in one place.

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