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Did you know that mold disclosure forms are not required by Illinois law in real estate transactions? Many buyers are surprised to hear this, but there are no specific statutory requirements for sellers to provide regarding disclosure of mold. There is no state or federal requirement to do so.
Required Disclosures Illinois requires home sellers to disclose in writing information regarding the quality, safety, and healthfulness of both commercial and residential real property. Sellers are required to list the following information regarding the condition of the property: Unsafe Conditions.
In 2007, the Mold Remediation Registration Act was passed into law. This law requires that IDPH annually report to the General Assembly any federal research and regulations related to mold cleanup and standards for mold remediation training.
It requires that sellers fully complete a form specifically answering 22 questions about a wide range of conditions of their property from foundation to plumbing and everywhere in between.
In the case of mold, there is no legislation specific disclosure law. There is, however, the Residential Real Property Disclosure Act, which requires a seller to disclose any known physical defects, including issues involving moisture, which would lead to issues with mold.
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The seller and any broker(s)/agent(s) involved are to participate in the disclosures. If more than one broker/agent is involved, the broker/agent obtaining the offer is to deliver the disclosures to the prospective buyer unless the seller instructs otherwise.
The seller must disclose known material defects to a prospective buyer. Some of the information a seller must provide about the real estate includes: flooding or leakage, including in the crawl space, basement, roof, ceilings, or chimney. material defects in the roof, ceilings, chimney, walls, windows, doors, or floors.
To protect home buyers from encountering property problems and sellers who dont disclose property defects, the state passed the Illinois Residential Real Property Disclosure Act. Its a law that obligates home sellers to disclose in writing any known material defects about their property.
It requires that sellers fully complete a form specifically answering 22 questions about a wide range of conditions of their property from foundation to plumbing and everywhere in between.
Types of Disclosures Illinois Home Sellers Must Make Illinois law requires you, as a home seller, to tell a prospective buyer, in writing, about any material defects you actually know about. This means anything youre aware of that affects the value, healthfulness, and safety of your property.

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