ILCS » Chapter 765 · Act 77
Illinois Compiled Statutes

765 ILCS 77/15 (2026)

Seller exemptions

✓ current as of May 2026
Find cases: SyfertCases citing this section IL-ILGAilga.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
(765 ILCS 77/15)
    Sec. 15. Seller exemptions. A seller in any of the following transfers is exempt from this Act, regardless of whether a disclosure report is delivered:
        (1) Transfers pursuant to court order, including, but
    
not limited to, transfers ordered by a probate court in administration of an estate, transfers between spouses resulting from a judgment of dissolution of marriage or legal separation, transfers pursuant to an order of possession, transfers by a trustee in bankruptcy, transfers by eminent domain, and transfers resulting from a decree for specific performance.
        (2) Transfers from a mortgagor to a mortgagee by deed
    
in lieu of foreclosure or consent judgment, transfer by judicial deed issued pursuant to a foreclosure sale to the successful bidder or the assignee of a certificate of sale, transfer by a collateral assignment of a beneficial interest of a land trust, or a transfer by a mortgagee or a successor in interest to the mortgagee's secured position or a beneficiary under a deed in trust who has acquired the real property by deed in lieu of foreclosure, consent judgment or judicial deed issued pursuant to a foreclosure sale.
        (3) Transfers by a fiduciary in the course of the
    
administration of a decedent's estate, guardianship, conservatorship, or trust. As used in this paragraph, "trust" includes an Illinois land trust.
        (4) Transfers from one co-owner to one or more other
    
co-owners.
        (5) Transfers from a decedent pursuant to testate
    
disposition, intestate succession, or a transfer on death instrument.
        (6) Transfers made to a spouse, or to a person or
    
persons in the lineal line of consanguinity of one or more of the sellers.
        (7) Transfers from an entity that has taken title to
    
residential real property from a seller for the purpose of assisting in the relocation of the seller, so long as the entity makes available to all prospective buyers a copy of the disclosure report furnished to the entity by the seller.
        (8) Transfers to or from any governmental entity.
        (9) Transfers of newly constructed residential real
    
property that has never been occupied. This does not include rehabilitation of existing residential real property.
(Source: P.A. 102-765, eff. 5-13-22.)

    
Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1995–2021 · leading case: Hawkins v. Voss, 2015 IL App (5th) 140001 (Ill. App. Ct. 2015).
Sort: Relevance Newest Treatment
Hawkins v. Voss, 2015 IL App (5th) 140001 (Ill. App. Ct. 2015). · cites it 5× “Defendants filed a motion for judgment on the pleadings asserting that plaintiff was acting as a fiduciary in the course of the administration of a trust when she engaged in the sale of her trust real estate, and was, therefore, exempt from the disclosure form requirement…”
Skarin Custom Homes, Inc. v. Ross, 906 N.E.2d 1 (Ill. App. Ct. 2009). · cites it 2× “The plain language of the statute indicates that, absent specific exceptions (see 765 ILCS 77/15 (West 2006)), the Disclosure Act applies to any transfer of residential real property.”
Terraces of Sunset Park, LLC v. Chamberlin, 929 N.E.2d 1161 (Ill. App. Ct. 2010). · cites it 2× “Thus, according to The Terraces, since option contracts are not specifically included in the list of exceptions, the Act requirements must apply to such contracts. This argument misses the point. Because an option contract does not involve a transfer of any interest in property,…”
Bruce P. Golden v. David Barenborg & Salomon Bros., Inc., 53 F.3d 866 (7th Cir. 1995). “765 ILCS 77/15(7) (Smith-Hurd 1995). 7 . Since the application of federal or Illinois law would yield the same result, it is not necessary to choose which law disposes of the issue.”
Bouton v. Bailie, 2014 IL App (3d) 130406 (Ill. App. Ct. 2014). · cites it 2× “) 765 ILCS 77/15(7) (West 2010). ¶ 12 In setting out the exclusion, section 15(7) appears to do three things: (1) it draws a clear distinction between the "seller" and the entity holding title, (2) it persists in referring to the person who conveyed title to the entity as the…”
Hawkins v. Voss, 2015 IL App (5th) 140001 (Ill. App. Ct. 2015). · cites it 5× “Defendants filed a motion for judgment on the pleadings asserting that plaintiff was acting as a fiduciary in the course of the administration of a trust when she engaged in the sale of her trust real estate and was, therefore, exempt from the disclosure form requirement…”
Bouton v. Bailie, 2014 IL App (3d) 130406 (Ill. App. Ct. 2014). · cites it 2× “) 765 ILCS 77/15(7) (West 2010). ¶ 12 In setting out the exclusion, section 15(7) appears to do three things: (1) it draws a clear distinction between the “seller” and the entity holding title, (2) it persists in referring to the person who conveyed title to the entity as the…”
In re Application of Skidmore, 2011 IL App (2d) 100730 (Ill. App. Ct. 2011). “of a quitclaim judicial deed to a nonprofit housing improvement organization in cases where certain residential real estate has been abandoned and providing that the property shall be used for low and moderate income housing for at least 10 years); 420 ILCS 46/20(2) (West 2008)…”
Skarin Custom Homes, Inc. v. Ross (Ill. App. Ct. 2009). · cites it 2× “The plain language of the statute indicates that, absent specific exceptions (see 765 ILCS 77/15 (West 2006)), the Disclosure Act applies to any transfer of residential real property.”
Terraces of Sunset Park v. Chamberlin (Ill. App. Ct. 2010). · cites it 2× “See 765 ILCS 77/15 (West 2006). Thus, according to The Terraces, since option contracts are not specifically included in the list of exceptions, the Act requirements must apply to such contracts.”
Sgariglia v. Am. Int'l Relocation Servs., LLC (N.D. Ill. 2020). “” [9] at 6; see also 765 ILCS 77/15 (“The provisions of th[e] [Disclosure] Act do not apply to the following: … (7) Transfers from an entity that has taken title to residential real property from a seller for the purpose of assisting in the relocation of the seller, so long as…”
Sgariglia v. Am. Int'l Relocation Servs., LLC (N.D. Ill. 2021). “” 765 ILCS 77/15(7) (emphasis added). AIRES also repeatedly identifies itself as “seller” in the Contract and attorney correspondence.”
Show all 13 citing cases →
— 765 ILCS 77/15(1) — 2 cases
Terraces of Sunset Park, LLC v. Chamberlin, 929 N.E.2d 1161 (Ill. App. Ct. 2010). “Thus, according to The Terraces, since option contracts are not specifically included in the list of exceptions, the Act requirements must apply to such contracts. This argument misses the point. Because an option contract does not involve a transfer of any interest in property,…”
Terraces of Sunset Park v. Chamberlin (Ill. App. Ct. 2010). “See 765 ILCS 77/15 (West 2006). Thus, according to The Terraces, since option contracts are not specifically included in the list of exceptions, the Act requirements must apply to such contracts.”
— 765 ILCS 77/15(2) — 2 cases
In re Application of Skidmore, 2011 IL App (2d) 100730 (Ill. App. Ct. 2011). “of a quitclaim judicial deed to a nonprofit housing improvement organization in cases where certain residential real estate has been abandoned and providing that the property shall be used for low and moderate income housing for at least 10 years); 420 ILCS 46/20(2) (West 2008)…”
In Re Skidmore, 953 N.E.2d 981 (Ill. App. Ct. 2011).
— 765 ILCS 77/15(3) — 2 cases
Hawkins v. Voss, 2015 IL App (5th) 140001 (Ill. App. Ct. 2015). “Defendants filed a motion for judgment on the pleadings asserting that plaintiff was acting as a fiduciary in the course of the administration of a trust when she engaged in the sale of her trust real estate, and was, therefore, exempt from the disclosure form requirement…”
Hawkins v. Voss, 2015 IL App (5th) 140001 (Ill. App. Ct. 2015). “Defendants filed a motion for judgment on the pleadings asserting that plaintiff was acting as a fiduciary in the course of the administration of a trust when she engaged in the sale of her trust real estate and was, therefore, exempt from the disclosure form requirement…”
— 765 ILCS 77/15(7) — 4 cases
Bruce P. Golden v. David Barenborg & Salomon Bros., Inc., 53 F.3d 866 (7th Cir. 1995). “765 ILCS 77/15(7) (Smith-Hurd 1995). 7 . Since the application of federal or Illinois law would yield the same result, it is not necessary to choose which law disposes of the issue.”
Bouton v. Bailie, 2014 IL App (3d) 130406 (Ill. App. Ct. 2014). “) 765 ILCS 77/15(7) (West 2010). ¶ 12 In setting out the exclusion, section 15(7) appears to do three things: (1) it draws a clear distinction between the "seller" and the entity holding title, (2) it persists in referring to the person who conveyed title to the entity as the…”
Bouton v. Bailie, 2014 IL App (3d) 130406 (Ill. App. Ct. 2014). “) 765 ILCS 77/15(7) (West 2010). ¶ 12 In setting out the exclusion, section 15(7) appears to do three things: (1) it draws a clear distinction between the “seller” and the entity holding title, (2) it persists in referring to the person who conveyed title to the entity as the…”
Sgariglia v. Am. Int'l Relocation Servs., LLC (N.D. Ill. 2021). “” 765 ILCS 77/15(7) (emphasis added). AIRES also repeatedly identifies itself as “seller” in the Contract and attorney correspondence.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.