The Illinois Residential Real Property Disclosure Report (Form 108) is a mandatory disclosure form required under the Residential Real Property Disclosure Act (765 ILCS 77/) for residential real estate transactions. Sellers must disclose all known material defects including structural issues, roof condition, HVAC, plumbing, electrical, environmental hazards, and any other known problems affecting the property's value or the health and safety of occupants.

Yes, Illinois is a mandatory disclosure state. Under the Illinois Residential Real Property Disclosure Act (765 ILCS 77/), sellers of residential real property (one to four dwelling units) are required to complete a disclosure report and deliver it to the prospective buyer before the signing of a binding contract. Failure to provide the required disclosure may grant the buyer the right to terminate the contract under the Act.

The Illinois Residential Real Property Disclosure Report (Form 108) covers 24 specific items including: seller occupancy, flood hazard insurance, basement/crawlspace flooding, floodplain status, basement/foundation defects, roof/ceiling/chimney leaks, walls/windows/doors/floors, electrical system, plumbing system (water heater, sump pump, pool, sprinkler), HVAC, fireplace/wood stove, septic/sewer, well equipment, radon/asbestos/lead, mine subsidence, termites/wood-boring insects, underground fuel storage tanks, boundary disputes, uncorrected law violations, and methamphetamine manufacturing.

To fill out an Illinois Residential Real Property Disclosure Report, start by entering the property address and seller information. Then work through each disclosure category — occupancy, flood/insurance, structural issues, systems, environmental hazards, legal matters, and other defects — selecting Yes, No, or N/A for each item (Yes and N/A selections require an explanation). Add any additional comments and generate a print-ready document with signature blocks for both parties.

The Illinois Residential Real Property Disclosure Act (765 ILCS 77/) requires sellers of residential real property to deliver a completed disclosure report to the buyer before a binding contract is signed. The disclosure must cover all known material defects, defined as conditions that have a substantial adverse effect on the property's value or that significantly impair the health or safety of future occupants. The seller is only required to disclose based on actual knowledge without a specific duty to investigate. The seller has a continuing obligation to supplement the report if errors or omissions become known before closing.

Under the Illinois Residential Real Property Disclosure Act (765 ILCS 77/), if a material defect is disclosed after the contract is signed (in violation of the Act), the buyer generally has 5 business days to terminate the contract. If the seller knowingly fails to disclose a known material defect, the buyer may seek actual damages and court costs. The statute of limitations for bringing an action under the Act is one year from the date of closing. Certain transfers are exempt, such as court-ordered transfers, transfers between spouses, and transfers by fiduciaries.