ILCS » Chapter 765 · Act 77
Illinois Compiled Statutes

765 ILCS 77/35 (2026)

Disclosure report form

✓ current as of May 2026
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(765 ILCS 77/35)
    Sec. 35. Disclosure report form. The disclosures required of a seller by this Act shall be made in the following form:
RESIDENTIAL REAL PROPERTY DISCLOSURE REPORT
    NOTICE: THE PURPOSE OF THIS REPORT IS TO PROVIDE PROSPECTIVE BUYERS WITH INFORMATION ABOUT MATERIAL DEFECTS IN THE RESIDENTIAL REAL PROPERTY BEFORE THE SIGNING OF A CONTRACT. THIS REPORT DOES NOT LIMIT THE PARTIES' RIGHT TO CONTRACT FOR THE SALE OF RESIDENTIAL REAL PROPERTY IN "AS IS" CONDITION. UNDER COMMON LAW, SELLERS WHO DISCLOSE MATERIAL DEFECTS MAY BE UNDER A CONTINUING OBLIGATION TO ADVISE THE PROSPECTIVE BUYERS ABOUT THE CONDITION OF THE RESIDENTIAL REAL PROPERTY EVEN AFTER THE REPORT IS DELIVERED TO THE PROSPECTIVE BUYER. COMPLETION OF THIS REPORT BY THE SELLER CREATES LEGAL OBLIGATIONS ON THE SELLER; THEREFORE THE SELLER MAY WISH TO CONSULT AN ATTORNEY PRIOR TO COMPLETION OF THIS REPORT.
Property Address: ............................................
City, State & Zip Code: ......................................
Seller's Name: ...............................................
    This Report is a disclosure of certain conditions of the residential real property listed above in compliance with the Residential Real Property Disclosure Act. This information is provided as of ...(month) ...(day) ...(year). The disclosures herein shall not be deemed warranties of any kind by the seller or any person representing any party in this transaction.
    In this form, "aware" means to have actual notice or actual knowledge without any specific investigation or inquiry. In this form, "material defect" means a condition that would have a substantial adverse effect on the value of the residential real property or that would significantly impair the health or safety of future occupants of the residential real property unless the seller reasonably believes that the condition has been corrected.
    The seller discloses the following information with the knowledge that even though the statements herein are not deemed to be warranties, prospective buyers may choose to rely on this information in deciding whether or not and on what terms to purchase the residential real property.
    The seller represents that to the best of his or her actual knowledge, the following statements have been accurately noted as "yes" (correct), "no" (incorrect), or "not applicable" to the property being sold. If the seller indicates that the response to any statement, except number 1, is yes or not applicable, the seller shall provide an explanation in the additional information area of this form.

YESNON/A
1................Seller has occupied the property

 within the last 12 months.


 (If "no," please identify capacity or explain relationship to property.)
2.
..... ..... ..... I currently have flood hazard

insurance on the property.
3................I am aware of flooding or recurring

 leakage problems in the crawl

 space or basement.
4................I am aware that the property is

 located in a floodplain.
5................I am aware of material defects in

 the basement or foundation

 (including cracks and bulges).
6................I am aware of leaks or material

 defects in the roof, ceilings, or

 chimney.
7................I am aware of material defects in

 the walls, windows, doors, or floors.
8................I am aware of material defects in

 the electrical system.
9................I am aware of material defects in

 the plumbing system (includes

 such things as water heater, sump

 pump, water treatment system,

 sprinkler system, and swimming

 pool).
10................I am aware of material defects in

the well or well equipment.
11................I am aware of unsafe conditions in

 the drinking water.
12................I am aware of material defects in

 the heating, air conditioning, or

 ventilating systems.
13................I am aware of material defects in

 the fireplace or woodburning

stove.
14................I am aware of material defects in

 the septic, sanitary sewer, or

 other disposal system.
15................I am aware of unsafe concentrations

 of radon on the premises.
16................I am aware of unsafe concentrations

 of or unsafe conditions relating

 to asbestos on the premises.
17................I am aware of unsafe concentrations

 of or unsafe conditions relating

 to lead paint, lead water pipes,

 lead plumbing pipes or lead in

 the soil on the premises.
18................I am aware of mine subsidence,

 underground pits, settlement,

 sliding, upheaval, or other earth

 stability defects on the

 premises.
19................I am aware of current infestations

 of termites or other wood boring

 insects.
20................I am aware of a structural defect

 caused by previous infestations

 of termites or other wood boring

 insects.
21................I am aware of underground fuel

 storage tanks on the property.
22................I am aware of boundary or lot line

 disputes.
23................I have received notice of violation

 of local, state or federal laws

 or regulations relating to this

 property, which violation has not

 been corrected.
24................I am aware that this property has

been used for the manufacture

of methamphetamine as

defined in Section 10 of

the Methamphetamine Control

and Community Protection Act.
    Note: These disclosures are not intended to cover the common elements of a condominium, but only the actual residential real property including limited common elements allocated to the exclusive use thereof that form an integral part of the condominium unit.
    Note: These disclosures are intended to reflect the current condition of the premises and do not include previous problems, if any, that the seller reasonably believes have been corrected.
    If any of the above are marked "not applicable" or "yes", please explain here or use additional pages, if necessary:
..............................................................
..............................................................
..............................................................
    Check here if additional pages used: .....
    Seller certifies that seller has prepared this report and certifies that the information provided is based on the actual notice or actual knowledge of the seller without any specific investigation or inquiry on the part of the seller. The seller hereby authorizes any person representing any principal in this transaction to provide a copy of this report, and to disclose any information in the report, to any person in connection with any actual or anticipated sale of the property.
    (This paragraph shall be printed in boldface type.) THE SELLER ACKNOWLEDGES THAT THE SELLER IS REQUIRED TO PROVIDE THIS DISCLOSURE REPORT TO THE PROSPECTIVE BUYER BEFORE THE SIGNING OF THE CONTRACT AND HAS A CONTINUING OBLIGATION, PURSUANT TO SECTION 30 OF THE RESIDENTIAL REAL PROPERTY DISCLOSURE ACT, TO SUPPLEMENT THIS DISCLOSURE PRIOR TO CLOSING.
Seller: ............................... Date: ................
Seller: ............................... Date: ................
    THE PROSPECTIVE BUYER IS AWARE THAT THE PARTIES MAY CHOOSE TO NEGOTIATE AN AGREEMENT FOR THE SALE OF THE PROPERTY SUBJECT TO ANY OR ALL MATERIAL DEFECTS DISCLOSED IN THIS REPORT ("AS IS"). THIS DISCLOSURE IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THAT THE PROSPECTIVE BUYER OR SELLER MAY WISH TO OBTAIN OR NEGOTIATE. (The remainder of this paragraph shall be printed in boldface type.) THE FACT THAT THE SELLER IS NOT AWARE OF A PARTICULAR CONDITION OR PROBLEM IS NO GUARANTEE THAT IT DOES NOT EXIST. THE PROSPECTIVE BUYER IS AWARE THAT THE PROSPECTIVE BUYER MAY REQUEST AN INSPECTION OF THE PREMISES PERFORMED BY A QUALIFIED PROFESSIONAL.
Prospective Buyer: .................. Date: ...... Time: ....
Prospective Buyer: .................. Date: ...... Time: ....
(Source: P.A. 102-765, eff. 5-13-22.)

    
Notes of Decisions
Cited in 39 cases (4 in the last 5 years), 1998–2026 · leading case: Kalkman v. Nedved, 2013 IL App (3d) 120800 (Ill. App. Ct. 2013).
Sort: Relevance Newest Treatment
Kalkman v. Nedved, 2013 IL App (3d) 120800 (Ill. App. Ct. 2013). · cites it 8× “OPINION ¶1 Before selling their home to plaintiffs, defendants executed a disclosure report pursuant to section 35 of the Residential Real Property Disclosure Act (765 ILCS 77/35 (West 2010)). The disclosure stated that defendants were not aware of any material defects with the…”
Provenzale v. Forister, 743 N.E.2d 676 (Ill. App. Ct. 2001). · cites it 2× “765 ILCS 77/35 (West 1996). Statement number three on the disclosure report reads: “I am aware that the property is located within a flood plain or that I currently have flood insurance on the property.”
Bauer v. Giannis, 834 N.E.2d 952 (Ill. App. Ct. 2005). · cites it 2× “On the residential real property disclosure report that defendants prepared pursuant to section 35 of the Residential Real Property Disclosure Act (Act) (765 ILCS 77/35 (West 1996)), defendants knowingly misrepresented that they were not aware of flooding or recurring leakage…”
Hogan v. Adams, 775 N.E.2d 217 (Ill. App. Ct. 2002). · cites it 3× “See 765 ILCS 77/35 (West 1998). While the disclosure report is not a substitute for inspections or warranties, a purchaser is entitled to rely on the truthfulness, accuracy, and completeness of the statements contained therein.”
Rolando v. Pence, 769 N.E.2d 1108 (Ill. App. Ct. 2002). · cites it 2× “765 ILCS 77/35 (West 1998). They further argue that, as the Disclosure Report states, the fact that a seller is not aware of a problem does not guarantee that it does not exist.”
Fox v. Heimann, 872 N.E.2d 126 (Ill. App. Ct. 2007). “Prior to the defendants’ purchase of the building, Park completed a residential real property disclosure report as required by section 35 of the Residential Real Property Disclosure Act (765 ILCS 77/35 (West 2004)) (Disclosure Act).”
Woods v. Pence, 708 N.E.2d 563 (Ill. App. Ct. 1999). · cites it 2× “Section 55 of the Disclosure Act provides that one who knowingly violates the Act, or discloses information on the report known to be false, is liable for actual damages and court costs.”
Abazari v. Rosalind Franklin Univ. of Med. & Sci., 2015 IL App (2d) 140952 (Ill. App. Ct. 2015). “60(a)(7) of Title 23 of the Illinois Administrative Code, requiring postsecondary institutions to “accurately describe the degree programs offered, program objectives, length of program, schedule of tuition, fees, and all other charges and expenses necessary for completion of…”
Penn v. Gerig, 778 N.E.2d 325 (Ill. App. Ct. 2002). “765 ILCS 77/35 (West 1996). Defendants disclosed they were aware of “material defects in the basement or foundation (including cracks or bulges).”
Hahn v. McElroy, 2023 IL App (2d) 220403 (Ill. App. Ct. 2023). · cites it 3× “See 765 ILCS 77/35 (West 2018). Section 55 of the Disclosure Act (id.”
Hirsch v. Feuer, 702 N.E.2d 265 (Ill. App. Ct. 1998). “Section 20 of the Property Disclosure Act (765 ILCS 77/20 (West 1994)) requires sellers of residential real estate to provide prospective buyers with a written disclosure report disclosing certain conditions of the property as set forth in section 35 of the Act (765 ILCS 77/35…”
Skarin Custom Homes, Inc. v. Ross, 906 N.E.2d 1 (Ill. App. Ct. 2009). “Prior to the plaintiffs purchase of the property, the defendants completed a residential real property disclosure report as required by section 35 of the Disclosure Act (765 ILCS 77/35 (West 2006)). In their disclosure report, the defendants stated that they were aware of…”
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