765 ILCS 77/20
Disclosure report requirements
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(765 ILCS 77/20)
Sec. 20. Disclosure report requirements. 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.
(Source: P.A. 102-765, eff. 5-13-22.)
Notes of Decisions
Cited in 41
cases (3 in the last 5 years), 1998–2025 · leading case: Provenzale v. Forister
Provenzale v. Forister (2001)
“The Provenzales point to the inclusion and definition of “prospective buyer” (765 ILCS 77/5 (West 1996)) and the pretransfer duty imposed on sellers to deliver the disclosure report to the prospective buyer before the signing of a contract (765 ILCS 77/20 (West 1996)) in support…”
Bauer v. Giannis (2005)
“765 ILCS 77/20 (West 2002). The seller must disclose material defects of which he or she has actual knowledge but is not obligated to make any specific investigation or inquiry in order to complete the report.”
Curtis Investment Firm, Ltd. Partnership v. Schuch (2001)
“) 765 ILCS 77/20 (West 1998). We find the use of the word "shall" in this section requires a mandatory reading of the provision.”
Hirsch v. Feuer (1998)
“” The second count, for violation of the Property Disclosure Act, alleged that pursuant to sections 20 and 25 (765 ILCS 77/20, 25 (West 1994)), defendants “were obligated to provide Plaintiffs with a disclosure report revealing all known material and substantial defects within…”
Hogan v. Adams (2002)
“On April 10, 1998, defendants completed a residential real property disclosure report (disclosure report) as required by the Act (see 765 ILCS 77/20, 35 (West 1998)). Steward and defendants’ friend Pam Morgan were present when defendants completed the disclosure report.”
Rolando v. Pence (2002)
“765 ILCS 77/20 (West 1998). In the Disclosure Report, the defendants answered “no” to the statement “I am aware of material defects in the roof, ceilings or chimney of the home.”
Kroot v. Chan (2017)
“¶ 4 On April 12, 2013, in preparation for their sale of the Property, the defendants executed a Residential Real Property Disclosure Report (Disclosure Report) as required by sections 20 and 35 of the Act ( 765 ILCS 77/20, 35 (West 2012)) in which they claimed no knowledge of…”
Napcor Corp. v. JP Morgan Chase Bank, NA (2010)
“3d at 906 , citing 765 ILCS 77/20, 25 (West 2002). This court concluded that, although the plaintiff’s claims were based on fraud and not the Residential Real Property Disclosure Act, allowing a seller to ignore his or her obligation under that Act and avoid reporting a material…”
Kalkman v. Nedved (2013)
“765 ILCS 77/20 (West 2010). Section 35 states that the disclosure report “is a disclosure of certain conditions of the residential real property” being sold.”
Woods v. Pence (1999)
“JUSTICE SLATER delivered the opinion of the court: Plaintiffs James and Joell Woods filed a complaint seeking damage's for violation of the Illinois Residential Real Property Disclosure Act (Disclosure Act) (765 ILCS 77/20 et seq. (West 1996)) and for negligent misrepresentation…”
The Henderson Square Condominium Association v. Lab Townhouses (2014)
“765 ILCS 77/20, 35 (West 2010). The disclosure form includes questions about defects to the real property.”
Kroot v. Chan (2018)
“¶4 On April 12, 2013, in preparation for their sale of the Property, the defendants executed a Residential Real Property Disclosure Report (Disclosure Report) as required by sections 20 and 35 of the Act (765 ILCS 77/20, 35 (West 2012)), in which they claimed no knowledge of…”
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