Illinois Compiled Statutes
765 ILCS 77/5 (2026)
Definitions
✓ current as of May 2026
Find cases:
SyfertCases citing this section
IL-ILGAilga.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
(765 ILCS 77/5)
Sec. 5. Definitions. As used in this Act, unless the context otherwise
requires, the
following terms have the meaning given in this Section:
"Residential real property" means real property improved with not less
than one nor more than 4 residential dwelling units; units in residential
cooperatives; or, condominium units, including the limited common elements
allocated to the exclusive use thereof that form an integral part of the
condominium unit. The term includes a manufactured home as defined in subdivision (53) of Section 9-102 of the Uniform Commercial Code that is real property as defined in the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act.
"Seller" means every person or entity who: (1) is a beneficiary of an Illinois land trust; or (2) has an interest, legal or equitable, in | residential real property as: |
(i) an owner; (ii) a beneficiary of a
trust; (iii) a beneficiary pursuant to testate | disposition, intestate succession, or a transfer on death instrument; or |
(iv) a contract purchaser or lessee of a ground | lease. |
"Seller" does not include a party to a transfer that is exempt under Section 15 or a beneficiary who has both (i) never occupied the residential real property and (ii) never had management responsibility for the residential real property.
"Prospective buyer" means any person or entity negotiating or offering
to become an owner or lessee of a ground lease of residential real property by means of a
transfer for value to which this Act applies. "Contract" means a written agreement by the seller and prospective buyer that would, subject to the satisfaction of any negotiated contingencies, require the prospective buyer to accept a transfer of the residential real property.
(Source: P.A. 102-765, eff. 5-13-22; 103-427, eff. 8-4-23.)
Notes of Decisions
Cited in 14
cases (2 in the last 5 years), 2000–2023 · leading case: Provenzale v. Forister, 743 N.E.2d 676 (Ill. App. Ct. 2001).
Provenzale v. Forister, 743 N.E.2d 676 (Ill. App. Ct. 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…”
Skarin Custom Homes, Inc. v. Ross, 906 N.E.2d 1 (Ill. App. Ct. 2009). “3d 774, 777 (2004), quoting 765 ILCS 77/5 (West 1998). “Dwelling unit” reflects the current or intended future use of a space as a residence.”
Hawkins v. Voss, 2015 IL App (5th) 140001 (Ill. App. Ct. 2015). “" 765 ILCS 77/5 (West 2010). ¶ 18 While a seller is required to provide prospective buyers with a disclosure form pursuant to section 20 of the Act, section 15 of the Act provides nine exemptions from the disclosure form requirement, including an exemption for trustees acting as…”
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…”
Bouton v. Bailie, 2014 IL App (3d) 130406 (Ill. App. Ct. 2014). “" 765 ILCS 77/5 (West 2010). ¶ 14 Read together, these sections establish that the intent of section 15(7) is to preclude liability for an entity that never resided in or had management responsibilities for the home and that has taken title solely to assist with the seller's…”
Grady v. Sikorski, 812 N.E.2d 457 (Ill. App. Ct. 2004). “” 765 ILCS 77/5 (West 1998). Grady argues that the Act applies to her purchase of the lot because a house had been built on the property; thus, the land fit the description of “residential real property.”
Bouton v. Bailie, 2014 IL App (3d) 130406 (Ill. App. Ct. 2014). “” 765 ILCS 77/5 (West 2010). ¶ 14 Read together, these sections establish that the intent of section 15(7) is to preclude liability for an entity that never resided in or had management responsibilities for the home and that has taken title solely to assist with the seller’s…”
Hawkins v. Voss, 2015 IL App (5th) 140001 (Ill. App. Ct. 2015). “” 765 ILCS 77/5 (West 2010). ¶ 18 While a seller is required to provide prospective buyers with a disclosure form pursuant to section 20 of the Act, section 15 of the Act provides nine exemptions from the disclosure form requirement, including an exemption for trustees acting as…”
Sgariglia v. Am. Int'l Relocation Servs., LLC (N.D. Ill. 2021). “The RRPDR cites to 765 ILCS 77/5 for the definition of “Residential real property,” which “means real property improved with not less than one nor more than four residential dwelling units: units in residential cooperatives; or, condominium units including the limited common…”
Sgariglia v. Am. Int'l Relocation Servs., LLC (N.D. Ill. 2023). “See 765 ILCS 77/5; 765 ILCS 77/20. A seller “who discloses any information on the Residential Real Property Disclosure Report that he knows to be false shall be liable in the amount of actual damages and court costs, and the court may award reasonable attorney fees incurred by…”
Provenzale v. Forister (Ill. App. Ct. 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…”
Skarin Custom Homes, Inc. v. Ross (Ill. App. Ct. 2009). “" 765 ILCS 77/5 (West 1998); Grady, 349 Ill.”
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.
|