Illinois Real Estate Disclosure Requirements What Brokers, Sellers, Buyers, Landlords and Tenants Should Know

Understand Which Real Estate Disclosures May Be Required in Illinois

Illinois real estate transactions can involve several different disclosure requirements. Some disclosures come from the Illinois Residential Real Property Disclosure Act, while others arise from the Illinois Real Estate License Act, federal law, radon requirements, landlord-tenant law, or the facts of a particular transaction.

A property-condition disclosure is not the same as an agency disclosure, and a seller's obligations are not identical to a Broker's professional duties.

This guide explains the major Illinois real estate disclosure requirements, when they can apply, who is responsible, and why disclosures should be handled before important transaction deadlines.


Illinois Real Estate Disclosures at a Glance

A residential transaction can involve several separate disclosure categories:

Disclosure Area Typical Purpose
Residential Real Property Disclosure Report Seller's actual knowledge of material property defects
Agency Disclosure Explains who the Broker represents
No-Agency Disclosure Tells a customer the Broker does not represent them
Dual Agency Disclosure Obtains informed consent when one licensee represents both sides
Licensee Ownership Disclosure Identifies a licensee's personal interest in the property
Compensation Disclosure Explains certain compensation arrangements and sources
Radon Disclosure Provides required Illinois radon information
Lead-Based Paint Disclosure Federal disclosure for applicable pre-1978 housing
Flood Disclosure Applies to certain Illinois residential rental situations
Material Fact Disclosure Addresses known latent material adverse physical facts
Contemporaneous Offer Disclosure Applies when one designated agent represents competing clients on the same property

Not every transaction requires every disclosure.

The correct disclosure depends on the property, parties, transaction type, agency relationship, and applicable law.


Disclosure Is More Than One Form

Students and new Brokers sometimes hear the word:

Disclosure

and think only about the seller's property-condition form.

In Illinois, disclosure can involve several completely different legal issues.

For example:

Property Disclosure

What does the seller actually know about material defects?

Agency Disclosure

Who does the Broker represent?

Licensee Interest Disclosure

Does the Broker personally own or have an interest in the property?

Environmental Disclosure

Are radon or lead-based paint requirements involved?

Compensation Disclosure

Is there a compensation arrangement that must be revealed?

Understanding the category first helps determine which rule applies.


Illinois Residential Real Property Disclosure Act

One of the main disclosure laws affecting Illinois residential sales is the:

Residential Real Property Disclosure Act

The Act generally applies to certain transfers of residential real property and requires the seller to complete the statutory disclosure report unless an exemption applies.

Under the Act, residential real property generally includes:

  • Property containing 1 to 4 residential dwelling units
  • Residential cooperative units
  • Condominium units
  • Certain manufactured homes treated as real property

The Act contains specific definitions and exceptions, so Brokers should not assume every transfer is covered in exactly the same way.


The Seller Completes the Residential Real Property Disclosure Report

The statutory property disclosure is fundamentally a:

Seller disclosure

The seller completes the required report based on the seller's:

Actual notice or actual knowledge

The seller is not generally required by the Act to conduct a special investigation simply to complete the form.

That distinction is important.

The seller is disclosing what the seller actually knows—not guaranteeing that no other problems exist.


The Disclosure Report Must Generally Be Delivered Before the Contract

Current Illinois law requires the seller to deliver the applicable Residential Real Property Disclosure Report to the prospective buyer:

Before the signing of a contract

This timing matters.

A disclosure delivered after the contract has already been signed can create additional buyer rights when material defects are disclosed.

Brokers should therefore make property-condition disclosure part of the early transaction process rather than something handled just before closing.


What Does the Residential Disclosure Report Cover?

The statutory report asks the seller about known conditions affecting major areas of the residential property.

Topics can include matters involving:

  • Property structure
  • Roof
  • Foundation
  • Basement
  • Flooding or leakage
  • Plumbing
  • Electrical systems
  • Heating and cooling
  • Water supply
  • Septic or sewer systems
  • Environmental conditions
  • Certain hazardous materials
  • Other material property conditions

The statutory form should be used rather than creating an informal substitute.


What Is a Material Defect?

The central purpose of the Residential Real Property Disclosure Report is to provide information concerning:

Material defects

A material defect is not merely a small cosmetic imperfection.

In practical terms, a material defect can involve a condition that has a substantial adverse effect on:

  • The value of the residential real property

or

  • The health or safety of future occupants

The seller should follow the statutory form and disclose material defects of which the seller has actual knowledge.


Actual Knowledge Is Important

Illinois law states that the seller must disclose material defects:

Of which the seller has actual knowledge

The seller generally is not obligated under this Act to perform a special investigation to discover defects merely for the purpose of completing the form.

However, a seller should not:

  • Knowingly provide false information
  • Hide a known material defect
  • State that no problem exists when the seller knows otherwise

A lack of required investigation is not permission to conceal known information.


The Disclosure Report Is Not a Home Inspection

The statutory disclosure report does not replace a professional property inspection.

A seller may truthfully state that the seller is unaware of a particular problem while a later inspection identifies one.

The statutory form itself warns buyers that the seller's lack of knowledge is:

Not a guarantee that a condition does not exist

Buyers may still choose to obtain inspections from qualified professionals.


The Disclosure Report Is Not a Warranty

The report provides information based on the seller's actual knowledge.

It is not automatically a warranty that:

  • Every system works perfectly
  • No hidden defect exists
  • No future problem will occur

This distinction protects the purpose of the disclosure process.

Disclosure informs the buyer.

Inspection and contractual warranties address different issues.


Selling "As Is" Does Not Automatically Eliminate Disclosure Duties

The Illinois statutory disclosure form expressly recognizes that parties may negotiate an:

"As Is"

sale even when defects have been disclosed.

An "As Is" agreement does not automatically erase statutory disclosure obligations.

A seller should not assume:

"The property is being sold As Is, so I do not have to disclose anything."

The disclosure rules and the contractual allocation of repair responsibility are different issues.


Seller Exemptions Exist

The Residential Real Property Disclosure Act contains specific exempt transfers.

Examples include certain:

  • Court-ordered transfers
  • Foreclosure-related transfers
  • Transfers by fiduciaries in administration of estates or trusts
  • Transfers between certain co-owners
  • Transfers through inheritance
  • Transfers to certain family members
  • Governmental transfers
  • Certain relocation-related transfers
  • Transfers of newly constructed residential property that has never been occupied

The exemptions are fact-specific.

Do not assume a transaction is exempt merely because it seems unusual.


New Construction Can Be Treated Differently

The Act currently exempts:

Newly constructed residential real property that has never been occupied

However, the statute specifically states that this exemption does not include:

Rehabilitation of existing residential real property

A renovated older home is therefore not automatically treated the same as newly constructed, never-occupied property.


The Seller Has a Continuing Duty Before Closing

Disclosure does not necessarily end when the original report is delivered.

If, before closing, the seller becomes aware of:

  • An error
  • An inaccuracy
  • An omission

in a prior disclosure report or supplement, current Illinois law requires the seller to provide a:

Written supplemental disclosure

This continuing responsibility is one reason Brokers should encourage sellers to report important changes rather than assuming the original form can never be updated.


Example of a Supplemental Disclosure Situation

Suppose a seller completes the disclosure report and states that there is no known roof leak.

Before closing, a storm occurs and the seller becomes aware that water is entering through the roof.

The seller should not simply rely on the original form.

The new information may trigger the obligation to provide an appropriate supplemental disclosure before closing.

The transaction file should accurately reflect the updated situation.


Late Property Disclosure Can Create Buyer Rights

If a required disclosure containing a material defect is delivered only after the parties have already signed the contract, Illinois law can give the prospective buyer a limited termination right.

Current law provides a:

5-business-day period after receipt

in certain circumstances involving late disclosure of a material defect.

Because the legal consequences depend on the exact facts, Brokers should avoid casually advising a party to terminate or waive contractual rights.

Refer legal questions to the appropriate attorney.


Failure to Provide the Required Seller Report Can Have Consequences

Illinois law provides remedies when the required disclosure report is not properly provided.

A seller who knowingly violates the Act or knowingly provides false information can face liability for:

  • Actual damages
  • Court costs
  • Potential attorney's fees awarded by the court

The buyer can also have termination rights in circumstances defined by the Act.

Proper disclosure is therefore a substantive legal requirement, not merely transaction paperwork.


Broker Duties Are Separate From Seller Duties

The seller's statutory property disclosure does not eliminate a Broker's independent professional obligations.

Illinois Real Estate License Act rules require licensees to treat customers honestly and prohibit them from:

  • Knowingly giving false information
  • Negligently giving false information

A licensee representing a seller also has a separate duty concerning certain actually known latent material adverse physical facts.

A Broker should not simply say:

"The seller filled out the form, so I have no disclosure responsibilities."


Known Latent Material Adverse Facts

Illinois law requires a licensee engaged by a seller client to timely disclose to prospective buyer customers:

Latent material adverse facts relating to the physical condition of the property

when:

  • The licensee actually knows about the fact

and

  • It could not be discovered through a reasonably diligent inspection by the customer

This is a separate professional duty under the Real Estate License Act.


What Does "Latent" Mean?

A latent defect is generally something that is not readily discoverable through ordinary observation or a reasonably diligent inspection by the consumer.

For example, imagine that a Broker actually knows about a serious hidden structural problem behind finished walls that a buyer would not reasonably discover during an ordinary property viewing.

That can create a different disclosure issue from an obvious cosmetic crack visible to anyone entering the room.

The precise legal analysis depends on the facts.


A Client Cannot Require a Broker to Conceal Required Information

An agent has duties to promote the client's lawful interests and protect confidential information.

However, confidentiality does not allow a Broker to hide information that must legally be disclosed.

A seller cannot properly instruct a Broker:

"Do not tell the buyer about a known material defect that the law requires you to disclose."

Client directions must remain lawful.

Illinois Real Estate Agency


Confidential Information and Material Facts Are Different

This distinction is critical.

Confidential Negotiating Information

Examples may include:

  • Seller's minimum acceptable price
  • Buyer's maximum price
  • Urgency
  • Negotiating strategy

This information can be protected by agency duties.

Material Property Information

Certain known physical conditions may need to be disclosed under applicable law.

A Broker should not use confidentiality as a reason to conceal a legally required physical-property disclosure.


Agency Disclosure Requirements

Illinois requires written agency disclosures so consumers understand who the Broker represents.

A licensee acting as a designated agent must advise the consumer in writing of the agency relationship:

No later than beginning to work as the consumer's designated agent

The disclosure should identify:

  • The designated agency relationship
  • The designated agent or agents

It can be part of the written brokerage agreement or provided separately.


Written Brokerage Agreements Also Matter

Illinois requires a sponsoring broker entering into certain brokerage relationships to establish the terms in a:

Written brokerage agreement

This applies to relationships involving activities such as:

  • Listing property
  • Buying
  • Selling
  • Exchanging
  • Renting
  • Leasing

The agreement helps document:

  • Representation
  • Designated agents
  • Scope of services
  • Compensation
  • Other relationship terms

No-Agency Disclosure

Sometimes a Broker works with a consumer whom the Broker does not represent.

Illinois requires the licensee to disclose in writing that the licensee is:

Not acting as the customer's agent

The disclosure should be provided at a time intended to prevent the customer from revealing confidential information.

In any event, current law requires it no later than:

Preparation of an offer to purchase or lease real property

This helps reduce confusion about who the Broker actually represents.


Why No-Agency Disclosure Matters

Suppose a listing Broker represents the seller.

An unrepresented buyer contacts that Broker directly.

If the buyer assumes:

"This Broker is my agent too"

the buyer may reveal sensitive negotiating information.

A timely no-agency disclosure helps make clear that the Broker's agency duties are owed to someone else.


Dual Agency Disclosure

Dual agency occurs when one individual licensee represents both sides of the same transaction, such as:

  • Buyer and seller

or

  • Landlord and tenant

Illinois permits dual agency only with:

Informed written consent of all clients

Because one Broker cannot fully advocate one side against the other while simultaneously protecting both clients' confidential information, dual representation requires clear consent.


Dual Agency Also Requires Transaction-Specific Confirmation

Prior consent to dual agency is not the only documentation requirement.

When a licensee actually acts as a dual agent in a specific transaction, Illinois requires written confirmation of the clients' prior consent.

That confirmation is generally obtained when the clients execute an:

  • Offer
  • Contract to purchase
  • Contract to lease

When included in another document, the applicable dual-agency provision has additional acknowledgment requirements.


Same Brokerage Does Not Automatically Mean Dual Agency

Illinois uses designated agency.

For example:

  • Broker A represents the seller
  • Broker B represents the buyer
  • Both work for the same sponsoring brokerage

That does not automatically mean one Broker is acting as a dual agent.

Dual agency focuses on the individual licensee representing both sides.

The brokerage must still protect each client's confidential information.


Contemporaneous Offer Disclosure

Illinois also addresses situations where one designated agent represents:

Two or more clients making or preparing offers on the same property

When the agent knows or has reason to know that those offers will be considered at the same time, the situation can constitute contemporaneous offers.

The licensee must provide the applicable:

Written disclosure to all affected clients

A client who requests referral to another designated agent must also be handled according to the statutory requirement.


Licensee Ownership and Interest Disclosure

A licensed Broker has additional disclosure responsibilities when the Broker personally has an interest in the property involved in the transaction.

Illinois requires a licensee to disclose in writing:

  • The licensee's status as a real estate licensee

and

  • Applicable direct or indirect ownership or other interest in the property

when the licensee is selling, leasing, or purchasing an interest in the real estate involved in the transaction.


"Broker Owned" or "Agent Owned"

Illinois advertising rules permit ownership to be indicated using wording such as:

Broker Owned

or

Agent Owned

in applicable consumer-accessible property information and responses to advertising.

However, Brokers should follow the full statutory and brokerage requirements rather than assuming those two words satisfy every disclosure issue in every circumstance.

The written transaction disclosure requirements remain important.


Compensation Disclosure Requirements

Compensation is another important disclosure area.

Illinois law currently requires licensees to disclose to clients the sponsoring broker's compensation policy, including:

  • Terms of compensation
  • Applicable amounts offered to cooperating brokers representing other parties

A licensee must also disclose to the client:

Sources of transaction-related compensation received from third parties

where required by law.


Referral Interests Can Require Disclosure

If a licensee refers a client to a third-party service provider in which the licensee has more than a specified ownership interest or receives certain profit-sharing benefits, Illinois law can require that relationship to be disclosed.

Examples of third-party services can include:

  • Mortgage services
  • Insurance
  • Inspection services
  • Other transaction-related services

Clients should be able to understand when a financial relationship exists behind a referral.


Compensation From Both Sides

Illinois law also addresses situations in which a sponsoring broker receives compensation from both sides of the same transaction.

For example:

  • Buyer and seller

or

  • Lessee and lessor

Current law requires the applicable written disclosure to the client when compensation is being received from both sides.

Compensation does not itself determine agency, but the arrangement can still require disclosure.


Illinois Radon Disclosure

Illinois has a separate:

Radon Awareness Act

For applicable residential real property sales, the seller must provide the buyer with:

  • The approved Illinois radon pamphlet
  • The Illinois Disclosure of Information on Radon Hazards

This generally must occur:

Before the buyer is obligated under a contract to purchase the residential real property


Does the Seller Have to Perform a Radon Test?

The Illinois Radon Awareness Act does not, simply by requiring the disclosure, create a general obligation for the seller to perform radon testing or mitigation.

Instead, the disclosure process provides:

  • Required radon information
  • Known information
  • Applicable records and reports
  • Required acknowledgments

Buyers can then decide whether to pursue their own radon testing as part of due diligence.


Known Radon Test Results Should Be Provided

The statutory radon disclosure requires the seller to address known radon information.

If the seller has relevant records or reports concerning elevated radon concentrations, those records should be handled according to the applicable disclosure requirements.

Brokers should not treat radon information as simply another confidential seller matter.

I​llinois Real Estate Broker Resources


Radon Rules Also Affect Residential Rentals

Illinois radon law also contains disclosure requirements affecting applicable residential leases.

Current rules require lessors in covered situations to provide tenants with applicable:

  • Radon information
  • Records or reports
  • Radon disclosure material

The law was expanded to address rental situations beginning in 2024.

Brokers involved in leasing should therefore not think of radon only as a home-sale issue.


Federal Lead-Based Paint Disclosure

Federal law creates additional disclosure requirements for many residential properties built:

Before 1978

Before a buyer or tenant becomes bound by the applicable contract or lease, sellers and landlords must generally handle required lead-based paint disclosures.

Requirements can include:

  • Disclosure of known lead-based paint or lead-based paint hazards
  • Available records and reports
  • Federal lead warning language
  • The required EPA/HUD educational pamphlet

Buyers of Pre-1978 Housing Generally Receive an Inspection Opportunity

For covered sales of pre-1978 housing, federal rules generally provide buyers with:

Up to 10 days

to conduct a lead-based paint inspection or risk assessment unless the parties agree in writing to a different period or the buyer waives the opportunity as permitted.

This requirement is separate from:

  • Illinois property-condition disclosure
  • Radon disclosure
  • General home inspection

Multiple disclosure systems can apply to the same property.


Lead-Based Paint Rules Can Apply to Rentals Too

Federal lead disclosure requirements also apply to many leases involving housing built before 1978.

Landlords and agents should determine whether the federal lead disclosure rules apply before the tenant becomes obligated under the lease.

This can involve:

  • Lead warning statements
  • Known lead information
  • Available reports
  • Educational materials

Do not assume the rule applies only when property ownership is being transferred.


Illinois Rental Flood Disclosure

Illinois now has specific flood-disclosure requirements affecting residential rental properties.

Current Illinois landlord-tenant law requires certain written disclosures before lease signing involving:

  • FEMA Special Flood Hazard Areas
  • Known prior flooding
  • Frequency of applicable flooding

The disclosure must also be included in the written lease or written renewal lease and signed by the parties where required.


Lower-Level Rental Units Have Additional Flood Disclosure Rules

Illinois defines a lower-level unit for this requirement to include:

  • Garden-level units
  • Basement-level units
  • First-floor-level units

For applicable lower-level units, landlords must disclose if the unit or the real property containing the unit has experienced flooding during the:

Previous 10 years

and disclose the frequency of the flooding.

This requirement became particularly important for Illinois rental transactions beginning in 2025.


Brokers Handling Rentals Should Know the Flood Rule

A Broker assisting a landlord should not assume that a standard lease automatically satisfies every new disclosure requirement.

Before lease execution, check:

  • Whether the property is in a FEMA Special Flood Hazard Area
  • Whether known flooding must be disclosed
  • Whether the unit is a lower-level unit
  • Whether the proper disclosure appears in the lease
  • Whether signatures are required

Use the current Illinois statutory form and brokerage procedures where applicable.


Stigmatized Property Is Treated Differently

Some information may concern a property's history without affecting its physical condition.

Illinois law states that a licensee is not liable for failing to disclose certain information that does not affect the property's physical condition.

Examples can include:

  • Certain medical conditions of an occupant
  • Certain events occurring at the property that did not affect its physical condition or environment

Illinois administrative rules specifically identify events such as:

  • Murder
  • Suicide

within this category when they did not affect the physical condition of the property.


Stigmatized Property Rules Do Not Permit False Statements

There is an important difference between:

Not having an affirmative duty to disclose certain information

and:

Providing a false statement

Licensees still must treat customers honestly and should not knowingly or negligently provide false information.

If a consumer asks a sensitive question, follow:

  • Current Illinois law
  • Brokerage procedures
  • Appropriate managing-broker or legal guidance

Do not improvise a misleading answer.


Medical Conditions Are Not Typical Property Defects

Illinois license law specifically limits liability for failing to disclose that an occupant was affected by:

  • HIV
  • Another medical condition

These are not treated as physical property conditions in the same way as structural, mechanical, or environmental defects.

Brokers should also be careful about:

  • Privacy
  • Fair housing
  • Disability discrimination

when conversations involve a person's health.


Disclosure and Fair Housing Must Work Together

A Broker should never misuse the idea of disclosure to communicate discriminatory information.

Examples of information that should not be used to steer consumers include assumptions about:

  • Race
  • Religion
  • National origin
  • Disability
  • Familial status
  • Other protected characteristics

Housing decisions should be based on legitimate property and transaction information.

Illinois Fair Housing for Brokers


Advertising Must Also Be Accurate

Disclosure responsibilities extend beyond formal forms.

Illinois advertising law prohibits advertising that is:

  • Fraudulent
  • Deceptive
  • Inherently misleading
  • Misleading in practice

Advertising should communicate information in an:

Accurate, direct and readily understandable manner

A misleading property advertisement can create problems even before a consumer reaches the contract stage.


Do Not Advertise Around a Known Problem

Suppose a Broker knows that a statement such as:

"Completely dry basement with no water problems"

is false.

The Broker should not publish the claim merely because the seller wants it in the listing.

Advertising, material-fact duties, and professional honesty all need to be considered together.


Local Disclosure Requirements Can Also Apply

Illinois state law is not always the only source of disclosure requirements.

Depending on the property location, local governments can impose additional requirements involving areas such as:

  • Property transfer
  • Building compliance
  • Rental housing
  • Municipal inspections
  • Zoning matters
  • Other local disclosures

Brokers should learn the requirements that apply in the municipalities where they practice.


Disclosure Requirements Can Overlap

One property can require several disclosures.

For example, the sale of an older Illinois home could potentially involve:

  • Residential Real Property Disclosure Report
  • Agency disclosure
  • Lead-based paint disclosure
  • Radon disclosure
  • Licensee-interest disclosure if applicable
  • Dual-agency documentation if applicable
  • Compensation disclosures
  • Additional local requirements

Do not expect one form to satisfy every disclosure rule.


Example: Standard Residential Sale

Suppose a seller lists a two-story Illinois home built in 1995.

Possible disclosure issues can include:

Seller

Residential Real Property Disclosure Report.

Broker

Agency and designated-agent disclosure.

Property

Radon disclosure requirements.

Transaction

Possible dual-agency or compensation disclosures depending on the relationship.

Lead-based paint disclosure would generally not arise merely from the home's age because it was built after 1978.


Example: Pre-1978 Residential Sale

Suppose an Illinois single-family home was built in 1965.

Depending on the facts, the transaction can involve:

  • Residential Real Property Disclosure Report
  • Illinois radon disclosure
  • Federal lead-based paint disclosure
  • Agency disclosure
  • Other applicable brokerage disclosures

The Broker should recognize that the seller's Illinois property report does not replace the federal lead disclosure requirement.


Example: Rental Property

Suppose a Broker is helping lease a garden-level apartment.

Potential issues can include:

  • Agency disclosure
  • Fair housing
  • Federal lead disclosure if applicable
  • Illinois radon rental requirements
  • Illinois flood disclosure requirements
  • Brokerage advertising rules

Residential leasing therefore involves significant disclosure responsibilities even though no property sale occurs.


The Broker Should Not Complete the Seller's Disclosure Answers for the Seller

The Residential Real Property Disclosure Report is based on:

The seller's actual knowledge

The Broker can explain that the form is required and can help manage the transaction process.

However, the seller should be responsible for the seller's own factual disclosures.

The Broker should not invent answers or tell the seller to conceal known problems.

When a seller needs legal advice about how to answer a difficult item, an attorney may be appropriate.


Do Not Diagnose Property Problems Outside Your Expertise

A Broker may observe a condition without knowing its technical cause.

For example:

  • Water staining
  • Cracks
  • Electrical issues
  • Unusual odors

A Broker should avoid pretending to be:

  • Structural engineer
  • Electrician
  • Plumber
  • Environmental professional
  • Home inspector

Describe known facts accurately and recommend appropriate professional evaluation where needed.


Documentation Is Essential

Keep disclosure records organized.

A transaction file may include:

  • Seller disclosure report
  • Supplemental disclosures
  • Radon documents
  • Lead-based paint documents
  • Agency disclosures
  • Dual-agency consent
  • No-agency disclosure
  • Compensation disclosures
  • Licensee-interest disclosures
  • Flood disclosures
  • Inspection reports
  • Relevant communications

Follow the sponsoring brokerage's recordkeeping procedures.


Timing Is Part of Disclosure Compliance

A form can be accurate but still create a problem if it is delivered too late.

Important timing examples include:

Seller Property Report

Generally before signing the contract.

Radon Disclosure

Before the buyer is obligated under the purchase contract.

Agency Disclosure

No later than beginning to work as the consumer's designated agent.

No-Agency Disclosure

Before confidential information is unnecessarily disclosed and no later than preparation of an offer.

Dual Agency Confirmation

In connection with the applicable offer or contract.

Rental Flood Disclosure

Before signing the applicable lease and included in the written lease or renewal.

Always consider both:

What must be disclosed?

and:

When must it be disclosed?


Disclosure Does Not Mean the Transaction Must End

A material defect does not automatically make a property impossible to sell.

After disclosure, parties may decide to:

  • Continue with the transaction
  • Negotiate repairs
  • Negotiate credits
  • Adjust terms
  • Purchase As Is
  • Obtain additional inspection
  • Exercise applicable contractual or statutory rights

Disclosure allows the parties to make informed decisions.

It does not make the decision for them.


Broker Disclosure Decision Framework

When you encounter information during a transaction, ask:

1. What Kind of Information Is This?

Property condition, agency, compensation, environmental, ownership interest, or something else?

2. Who Knows It?

Seller, Broker, buyer, landlord, third party?

3. Is There a Statutory Form?

Do not create your own substitute if an official form is required.

4. When Must It Be Delivered?

Before contract, before lease, during agency formation, or another point?

5. Is It Confidential or Legally Disclosable?

Agency confidentiality and disclosure law must be considered together.

6. Do I Need Guidance?

If uncertain, involve the designated managing broker or appropriate attorney.


Seller Disclosure Checklist

Before a residential listing moves toward contract:

  • [ ] Determine whether the Residential Real Property Disclosure Act applies
  • [ ] Determine whether an exemption applies
  • [ ] Have the seller complete the applicable statutory report
  • [ ] Do not answer factual property questions for the seller
  • [ ] Deliver the report before contract signing where required
  • [ ] Keep evidence of delivery
  • [ ] Address known material defects accurately
  • [ ] Update the report through a supplement when required
  • [ ] Keep the disclosure in the transaction file

Broker Agency Disclosure Checklist

  • [ ] Identify whom I represent
  • [ ] Establish the written brokerage agreement
  • [ ] Identify the designated agent
  • [ ] Deliver agency disclosure timely
  • [ ] Give no-agency disclosure when applicable
  • [ ] Protect client confidentiality
  • [ ] Obtain informed dual-agency consent if applicable
  • [ ] Obtain transaction-specific dual-agency confirmation
  • [ ] Disclose contemporaneous offers when required

Illinois Real Estate Agency


Property and Environmental Disclosure Checklist

Depending on the property:

  • [ ] Residential Real Property Disclosure Report
  • [ ] Radon disclosure
  • [ ] Radon records and reports
  • [ ] Lead-based paint disclosure for applicable pre-1978 housing
  • [ ] Lead records and reports
  • [ ] Applicable buyer lead-inspection opportunity
  • [ ] Flood disclosure for covered rental property
  • [ ] Applicable local disclosure requirements

Not every item applies to every transaction.


Broker Financial and Ownership Disclosure Checklist

Ask:

  • [ ] Does the licensee have an ownership interest in the property?
  • [ ] Has licensee status been disclosed in writing?
  • [ ] Has applicable ownership interest been disclosed?
  • [ ] Has the sponsoring broker's compensation policy been discussed?
  • [ ] Are there third-party compensation sources?
  • [ ] Is there a referral to a business in which the licensee has a financial interest?
  • [ ] Is compensation being received from both sides?

Handle the applicable disclosures before they become a transaction dispute.


Common Illinois Disclosure Mistakes

Delivering the Property Disclosure Too Late

The statutory seller report generally belongs before contract signing.

Treating "As Is" as "No Disclosure"

These are different concepts.

Letting the Broker Fill Out the Seller's Answers

The seller's report is based on the seller's knowledge.

Hiding a Known Latent Material Fact

A seller's agent has separate professional disclosure duties.

Confusing Confidentiality With Concealment

Legally required material disclosures are not automatically protected by agency confidentiality.

Forgetting Radon

Illinois has a separate Radon Awareness Act.

Forgetting Federal Lead Rules

Many pre-1978 properties have additional disclosure requirements.

Assuming Rentals Have No Disclosure Rules

Radon, flood, lead, agency and fair housing issues can arise in leasing.

Failing to Disclose Licensee Ownership

Licensees have special written disclosure duties when personally involved.


Disclosure Requirements Are an Important Broker Exam Topic

The current Illinois Broker examination content outline places significant emphasis on:

Disclosures

Candidates should understand topics including:

  • Designated agency
  • Seller and landlord agency
  • Buyer and tenant agency
  • Dual agency
  • No agency
  • Contemporaneous offers
  • Licensee interests
  • Compensation
  • Residential property disclosure
  • Material defects
  • Radon
  • Lead-based paint
  • Other Illinois disclosure issues

Illinois Broker Exam Topics


Study Disclosure Through Scenarios

Definitions alone are not enough.

Consider a scenario and ask:

Who has the information?

Who must receive it?

Is there a required form?

When must it be delivered?

Does the Broker represent the recipient?

Is the information confidential or legally required to be disclosed?

This method prepares students for both examinations and professional practice.


Disclosure Is Part of Professional Risk Management

Good disclosure practices can help reduce:

  • Consumer confusion
  • Contract disputes
  • Complaints
  • Licensing issues
  • Misrepresentation claims

A Broker should not think:

"How little can I disclose?"

A better professional question is:

"What does the law require, what does the transaction require, and how can this information be documented accurately?"


Know When to Involve the Managing Broker

Disclosure questions can become complicated quickly.

Involve the designated managing broker when questions arise involving:

  • Unknown defect obligations
  • Conflicting seller instructions
  • Dual agency
  • Late disclosures
  • Licensee ownership
  • Compensation conflicts
  • Environmental disclosures
  • Rental disclosure requirements
  • Consumer complaints

New Brokers should use supervision rather than making uncertain legal decisions alone.


Know When an Attorney May Be Appropriate

Some disclosure questions involve interpretation of legal rights and contractual consequences.

An attorney may be appropriate when a party needs advice concerning:

  • Contract termination
  • Liability
  • Fraud
  • Misrepresentation
  • Material-defect disputes
  • Statutory exemptions
  • Contract amendments
  • Legal remedies

A Broker should understand disclosure requirements without attempting to replace legal counsel.


Illinois Real Estate Disclosure Process

A practical transaction framework is:

Identify the Property and Transaction

↓

Determine Which Disclosure Laws Apply

↓

Identify Who Must Complete Each Disclosure

↓

Deliver Required Documents at the Correct Time

↓

Keep Evidence of Delivery

↓

Update Information When Required

↓

Preserve Transaction Records

This process makes disclosure compliance easier to manage.


Build Strong Disclosure Knowledge Before Entering Practice

Disclosure rules connect many major areas of Illinois real estate practice:

  • Agency
  • Property condition
  • Fair housing
  • Environmental concerns
  • Advertising
  • Client duties
  • Compensation
  • Leasing
  • Professional ethics

Illinois Broker Academy provides educational resources for students and Brokers learning the rules that shape Illinois real estate transactions.


Continue Exploring Illinois Broker Resources

If you want to understand agency relationships:

Illinois Real Estate Agency

If you want to understand fair housing:

Illinois Fair Housing for Brokers

If you want broader Illinois license law:

Illinois Real Estate License Law

If you are preparing for the Broker exam:

Illinois Real Estate Broker Exam

If you want the tested disclosure topics:

Illinois Broker Exam Topics

If you need professional reference material:

Illinois Real Estate Broker Resources


Frequently Asked Questions

It is a statutory seller disclosure form used for covered transfers of Illinois residential real property. It provides prospective buyers with information about material property defects of which the seller has actual knowledge.

Current Illinois law generally requires the seller to deliver the disclosure report to the prospective buyer before the signing of the contract.

The statutory definition generally includes real property improved with one to four residential dwelling units, residential cooperative units, condominium units, and certain manufactured homes treated as real property, subject to statutory exemptions.

No. The Act contains specific exemptions, including certain court-ordered, foreclosure-related, fiduciary, family, governmental, and never-occupied new-construction transfers.

The Act generally requires disclosure of material defects of which the seller has actual knowledge and does not require the seller to make a special investigation solely to complete the report.

No. The statutory form expressly warns that the seller's lack of knowledge about a problem does not guarantee that the problem does not exist.

No. Buyers can still obtain professional inspections. The seller disclosure and a property inspection serve different purposes.

No. The statutory form specifically recognizes that parties may negotiate an As Is sale even when material defects are disclosed. As Is terms do not automatically eliminate statutory disclosure duties.

If the seller becomes aware before closing of an error, inaccuracy, or omission in a prior disclosure report or supplement, current Illinois law requires an appropriate written supplemental disclosure.

When a late disclosure contains a material defect, Illinois law can provide the prospective buyer with a limited termination right, including a five-business-day period in certain circumstances.

The statutory report is based on the seller's actual knowledge. The seller should provide the factual answers. A Broker should not invent responses or conceal known information for the seller.

Yes. Illinois license law requires honesty toward customers and requires a seller's licensee to timely disclose certain actually known latent material adverse physical facts that a prospective buyer could not discover through a reasonably diligent inspection.

In this context, it generally involves an important adverse fact concerning the physical condition of the property that is actually known to the licensee but is not reasonably discoverable through the customer's diligent inspection.

A client cannot lawfully require a Broker to violate applicable disclosure law. A Broker's duty to protect confidential information does not override legally required disclosure duties.

Illinois generally requires a licensee acting as a designated agent to advise the consumer in writing of the agency relationship and identify the designated agent or agents no later than beginning to work as the consumer's designated agent.

A licensee who does not represent a customer must provide written disclosure that the licensee is not acting as that customer's agent at a time designed to prevent unnecessary disclosure of confidential information and no later than preparation of an offer to purchase or lease.

Dual agency requires the informed written consent of all affected clients. The licensee must also obtain the applicable written confirmation of prior consent in the specific transaction.

No. Illinois uses designated agency, so different affiliated licensees can separately represent different clients. Dual agency occurs when the same individual licensee represents both sides under the applicable legal requirements.

The term can apply when the same designated agent represents two or more clients making or preparing offers on the same property and knows or has reason to know that the offers will be considered at the same time. Written disclosure is required to affected clients.

Yes. A licensee selling, leasing, or purchasing a direct or indirect interest in the property involved in the transaction must provide the applicable written disclosure of licensee status and property interest.

Yes. Illinois law requires disclosure of the sponsoring broker's compensation policy to the client and includes additional disclosure requirements involving third-party compensation, certain referral interests, and compensation received from both sides of a transaction.

For applicable residential transactions, the Illinois Radon Awareness Act requires the seller to provide the required radon pamphlet and Disclosure of Information on Radon Hazards before the buyer becomes obligated under the purchase contract.

The Radon Awareness Act's disclosure requirement does not itself create a general obligation for the seller to conduct radon testing or mitigation.

Yes. Current Illinois radon law also contains disclosure requirements for covered residential rental situations.

Federal lead-disclosure rules generally apply to many residential properties built before 1978. Sellers and landlords must provide applicable known information, records, warnings, and educational material before the buyer or tenant becomes bound.

For covered pre-1978 home sales, federal rules generally provide buyers with up to a 10-day opportunity for a lead inspection or risk assessment unless the parties agree otherwise in writing or the buyer waives the opportunity as permitted.

Yes. Current Illinois landlord-tenant law requires certain written flood disclosures for residential rental property, including information concerning FEMA Special Flood Hazard Areas and known flooding where applicable.

For applicable garden-level, basement-level, and first-floor units, the landlord must disclose whether the lower-level unit or the real property has experienced flooding within the previous 10 years and the frequency of flooding.

Illinois rules provide that a licensee is not liable for failing to disclose certain events that had no effect on the physical condition of the property. Administrative rules specifically identify murder and suicide as examples within that category.

No. Illinois licensees must still treat customers honestly and must not knowingly or negligently provide false information.

Illinois license law provides that a licensee is not liable for failing to disclose that an occupant had HIV or another medical condition. Brokers should also consider privacy and fair housing requirements.

Yes. Local requirements can apply in addition to statewide and federal law. Brokers should learn the rules in the municipalities where they practice.

Yes. Maintain the applicable disclosures and evidence of delivery in accordance with brokerage procedures and Illinois recordkeeping requirements.

Yes. Disclosures make up a significant portion of the Illinois-specific Broker examination content outline and include agency, material defects, property disclosure, radon, lead-based paint, compensation, and other state requirements.

Use current Illinois statutes, Illinois Administrative Code, IDFPR guidance, Illinois Emergency Management Agency radon resources, federal EPA and HUD lead-disclosure guidance, and applicable local requirements.