ILCS » Chapter 765 · Act 77
Illinois Compiled Statutes

765 ILCS 77/25 (2026)

Liability of seller

✓ current as of May 2026
Find cases: SyfertCases citing this section IL-ILGAilga.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
(765 ILCS 77/25)
    Sec. 25. Liability of seller.
    (a) The seller is not liable for any error, inaccuracy, or omission of any information delivered pursuant to this Act if (i) the seller had no knowledge of the error, inaccuracy, or omission, (ii) the error, inaccuracy, or omission was based on a reasonable belief that a material defect or other matter not disclosed had been corrected, or (iii) the error, inaccuracy, or omission was based on information provided by a public agency or by a licensed engineer, land surveyor, structural pest control operator, or by a contractor about matters within the scope of the contractor's occupation and the seller had no knowledge of the error, inaccuracy, or omission.
    (b) The seller shall disclose material defects of which the seller has actual knowledge.
    (c) The seller is not obligated by this Act to make any specific investigation or inquiry in an effort to complete the disclosure statement.
(Source: P.A. 90-383, eff. 1-1-98.)

    
Notes of Decisions
Cited in 32 cases (5 in the last 5 years), 1998–2025 · leading case: Bauer v. Giannis, 834 N.E.2d 952 (Ill. App. Ct. 2005).
Sort: Relevance Newest Treatment
Bauer v. Giannis, 834 N.E.2d 952 (Ill. App. Ct. 2005). · cites it 6× “A person who discloses any information on the report that he or she knows to be false shall be liable for actual damages. 765 ILCS 77/55 (West 2002).”
Provenzale v. Forister, 743 N.E.2d 676 (Ill. App. Ct. 2001). · cites it 3× “See 765 ILCS 77/25, 35 (West 1996). The seller is required to complete and deliver the disclosure report to the prospective buyer before the signing of a written agreement that would require the buyer to accept a transfer of the property.”
Hogan v. Adams, 775 N.E.2d 217 (Ill. App. Ct. 2002). · cites it 3× “Additionally, section 25(a)(i) of the Act (765 ILCS 77/25(a)(i) (West 1998)) states the seller is not liable for any error, inaccuracy, or omission of any information delivered pursuant to the Act where the seller had no knowledge of the error, inaccuracy, or omission.”
Hirsch v. Feuer, 702 N.E.2d 265 (Ill. App. Ct. 1998). · cites it 2× “” 765 ILCS 77/25 (West 1994). Section 55 provides that “a person who knowingly violates or fails to perform any duty prescribed by any provision of this Act or who discloses any information on the Residential Real Property Disclosure Report that he knows to be false shall be…”
Woods v. Pence, 708 N.E.2d 563 (Ill. App. Ct. 1999). · cites it 2× “765 ILCS 77/25 (West 1996) (providing that seller is not liable for errors or omissions made without knowledge or based on a reasonable belief that defects had been corrected or based on information provided by others).”
Curtis Inv. Firm, Ltd. P'ship v. Schuch, 746 N.E.2d 1233 (Ill. App. Ct. 2001). · cites it 2× “765 ILCS 77/25(a) (West 1998). The Schuches claim that the trial court's finding that they knew the water supply line was faulty was against the manifest weight of the evidence.”
Coughlin v. Gustafson, 772 N.E.2d 864 (Ill. App. Ct. 2002). · cites it 2× “See 765 ILCS 77/25, 35 (West 1998). Under the Disclosure Act, the seller is required to complete and deliver the disclosure report to the prospective buyer before the signing of a written agreement that would require the buyer to accept a transfer of the property.”
Kalkman v. Nedved, 2013 IL App (3d) 120800 (Ill. App. Ct. 2013). “765 ILCS 77/25(b), (c) (West 2010). A seller who discloses information he or she knows to be false is liable to the buyer for actual damages and court costs.”
Fuller v. Croston, 2006 SD 110 (S.D. 2006). “2d 563, 565 (1999) (citing 765 ILCS 77/25 (West 1996)). The Woods court did provide, however, that a buyer’s knowledge was relevant to the amount of damages awarded because any defect of which the buyer was aware would be reflected in the purchase price of the house, thereby…”
King v. Ashbrook, 732 N.E.2d 621 (Ill. App. Ct. 2000). “See 765 ILCS 77/25, 35 (West 1998). In the present case, the trial court rejected defendant’s argument the Disclosure Act’s one-year statute of limitations applied because it found the case was based on a breach of contract.”
Miller v. Bizzell, 726 N.E.2d 175 (Ill. App. Ct. 2000). “For example, the beginning of section 55 specifies, “If the seller ***” (765 ILCS 77/55 (ILCS 1998)); section 25 addresses the “liability of seller” (765 ILCS 77/25 (West 1998)); and section 40 does not allow the “prospective buyer” the right to terminate the contract under…”
Messerly v. Boehmke, 2014 IL App (4th) 130397 (Ill. App. Ct. 2014). · cites it 5× “Plaintiffs’ third amended complaint alleged (1) defendant violated the Residential Real Property Disclosure Act (Act) (765 ILCS 77/25 (West 1998)) and (2) plaintiffs incurred damages due to the incomplete disclosures.”
Show all 32 citing cases →
— 765 ILCS 77/25(a) — 15 cases
Bauer v. Giannis, 834 N.E.2d 952 (Ill. App. Ct. 2005). “A person who discloses any information on the report that he or she knows to be false shall be liable for actual damages. 765 ILCS 77/55 (West 2002).”
Curtis Inv. Firm, Ltd. P'ship v. Schuch, 746 N.E.2d 1233 (Ill. App. Ct. 2001). “765 ILCS 77/25(a) (West 1998). The Schuches claim that the trial court's finding that they knew the water supply line was faulty was against the manifest weight of the evidence.”
Hirsch v. Feuer, 702 N.E.2d 265 (Ill. App. Ct. 1998). “” 765 ILCS 77/25 (West 1994). Section 55 provides that “a person who knowingly violates or fails to perform any duty prescribed by any provision of this Act or who discloses any information on the Residential Real Property Disclosure Report that he knows to be false shall be…”
Woods v. Pence, 708 N.E.2d 563 (Ill. App. Ct. 1999). “765 ILCS 77/25 (West 1996) (providing that seller is not liable for errors or omissions made without knowledge or based on a reasonable belief that defects had been corrected or based on information provided by others).”
Coughlin v. Gustafson, 772 N.E.2d 864 (Ill. App. Ct. 2002). “See 765 ILCS 77/25, 35 (West 1998). Under the Disclosure Act, the seller is required to complete and deliver the disclosure report to the prospective buyer before the signing of a written agreement that would require the buyer to accept a transfer of the property.”
— 765 ILCS 77/25(a)(i) — 3 cases
Hogan v. Adams, 775 N.E.2d 217 (Ill. App. Ct. 2002). “Additionally, section 25(a)(i) of the Act (765 ILCS 77/25(a)(i) (West 1998)) states the seller is not liable for any error, inaccuracy, or omission of any information delivered pursuant to the Act where the seller had no knowledge of the error, inaccuracy, or omission.”
Messerly v. Boehmke, 2014 IL App (4th) 130397 (Ill. App. Ct. 2014). “Plaintiffs’ third amended complaint alleged (1) defendant violated the Residential Real Property Disclosure Act (Act) (765 ILCS 77/25 (West 1998)) and (2) plaintiffs incurred damages due to the incomplete disclosures.”
Hogan v. Adams (Ill. App. Ct. 2002).
— 765 ILCS 77/25(a)(ii) — 4 cases
Bauer v. Giannis, 834 N.E.2d 952 (Ill. App. Ct. 2005). “A person who discloses any information on the report that he or she knows to be false shall be liable for actual damages. 765 ILCS 77/55 (West 2002).”
Hogan v. Adams, 775 N.E.2d 217 (Ill. App. Ct. 2002). “Additionally, section 25(a)(i) of the Act (765 ILCS 77/25(a)(i) (West 1998)) states the seller is not liable for any error, inaccuracy, or omission of any information delivered pursuant to the Act where the seller had no knowledge of the error, inaccuracy, or omission.”
Hogan v. Adams (Ill. App. Ct. 2002).
Bauer v. Giannis (Ill. App. Ct. 2005).
— 765 ILCS 77/25(b) — 12 cases
Provenzale v. Forister, 743 N.E.2d 676 (Ill. App. Ct. 2001). “See 765 ILCS 77/25, 35 (West 1996). The seller is required to complete and deliver the disclosure report to the prospective buyer before the signing of a written agreement that would require the buyer to accept a transfer of the property.”
Bauer v. Giannis, 834 N.E.2d 952 (Ill. App. Ct. 2005). “A person who discloses any information on the report that he or she knows to be false shall be liable for actual damages. 765 ILCS 77/55 (West 2002).”
Kalkman v. Nedved, 2013 IL App (3d) 120800 (Ill. App. Ct. 2013). “765 ILCS 77/25(b), (c) (West 2010). A seller who discloses information he or she knows to be false is liable to the buyer for actual damages and court costs.”
Bouton v. Bailie, 2014 IL App (3d) 130406 (Ill. App. Ct. 2014).
Bouton v. Bailie, 2014 IL App (3d) 130406 (Ill. App. Ct. 2014).
— 765 ILCS 77/25(c) — 3 cases
Messerly v. Boehmke, 2014 IL App (4th) 130397 (Ill. App. Ct. 2014). “Plaintiffs’ third amended complaint alleged (1) defendant violated the Residential Real Property Disclosure Act (Act) (765 ILCS 77/25 (West 1998)) and (2) plaintiffs incurred damages due to the incomplete disclosures.”
Cantrall v. Bergner, 2016 IL App (4th) 150984 (Ill. App. Ct. 2017).
Manaster v. Bernfield, 2021 IL App (2d) 200161-U (Ill. App. Ct. 2021).
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.