ILCS » Chapter 765 · Act 77
Illinois Compiled Statutes

765 ILCS 77/60 (2026)

No action for violation of this Act may be commenced later than one year from the earlier of the date of possession, date of occupancy, or date of recording of an instrument of conveyance of the residential real property

✓ current as of May 2026
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(765 ILCS 77/60)
    Sec. 60. No action for violation of this Act may be commenced later than one year from the earlier of the date of possession, date of occupancy, or date of recording of an instrument of conveyance of the residential real property.
(Source: P.A. 88-111.)

    
Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 2000–2023 · leading case: Penn v. Gerig, 778 N.E.2d 325 (Ill. App. Ct. 2002).
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Penn v. Gerig, 778 N.E.2d 325 (Ill. App. Ct. 2002). · cites it 5× “765 ILCS 77/60 (West 1996). On plaintiffs’ motion, the trial court also dismissed count X without prejudice.”
Provenzale v. Forister, 743 N.E.2d 676 (Ill. App. Ct. 2001). “” 765 ILCS 77/60 (West 1996). The Foristers argue that there would be no limitation on an action under the Disclosure Act where no transfer occurred because none of those three things can happen without a transfer of the property.”
Fox v. Heimann, 872 N.E.2d 126 (Ill. App. Ct. 2007). “On appeal, the defendants contend that the plaintiff could not recover for breach of contract based on the failure to disclose material defects because he failed to bring this claim within the one-year limitations period set forth in the Disclosure Act (765 ILCS 77/60 (West…”
King v. Ashbrook, 732 N.E.2d 621 (Ill. App. Ct. 2000). · cites it 2× “Defendant appeals, arguing (1) the statute of limitations of the Residential Real Property Disclosure Act (Disclosure Act) (765 ILCS 77/60 (West 1998)) applied to the present case, (2) evidence at trial failed to prove liability under the Disclosure Act, (3) evidence did not…”
Blevins v. Marcheschi, 2018 IL App (2d) 170340 (Ill. App. Ct. 2018). · cites it 2× “The court ruled that, because plaintiffs' complaint was based on the Residential Real Property Disclosure Report (Disclosure Report) completed by the Marcheschis, it was untimely under the one-year statute of limitations set forth in the Residential Real Property Disclosure Act…”
Coughlin v. Gustafson, 772 N.E.2d 864 (Ill. App. Ct. 2002). “” 765 ILCS 77/60 (West 1998). Application of the doctrine of merger would operate as a bar to all actions brought under the Disclosure Act after the conveyance of the property.”
Denault v. Cote, 746 N.E.2d 765 (Ill. App. Ct. 2001). “” 765 ILCS 77/60 (West 1998). Upon review of the precise language of section 60, we determine that this provision has more in common with statutes of limitations than statutes that confer jurisdiction.”
Blevins v. Marcheschi, 2018 IL App (2d) 170340 (Ill. App. Ct. 2018). · cites it 2× “The court ruled that, because plaintiffs’ complaint was based on the Residential Real Property Disclosure Report (Disclosure Report) completed by the Marcheschis, it was untimely under the one-year statute of limitations set forth in the Residential Real Property Disclosure Act…”
Penn v. Gerig (Ill. App. Ct. 2002). · cites it 5× “765 ILCS 77/60 (West 1996). On plaintiffs' motion, the trial court also dismissed count X without prejudice.”
Kennedy v. Swick, 2023 IL App (3d) 220519-U (Ill. App. Ct. 2023). “765 ILCS 77/60 (West 2022). On May 11, 2022, plaintiff was granted leave to amend his complaint over defendant’s objection.”
King v. Ashbrook (Ill. App. Ct. 2000). · cites it 2× “Defendant appeals, arguing (1) the statute of limitations of the Residential Real Property Disclosure Act (Disclosure Act) (765 ILCS 77/60 (West 1998)) applied to the present case, (2) evidence at trial failed to prove liability under the Disclosure Act, (3) evidence did not…”
Denault v. Cote (Ill. App. Ct. 2001). “" 765 ILCS 77/60 (West 1998). Upon review of the precise language of section 60, we determine that this provision has more in common with statutes of limitations than statutes that confer jurisdiction.”
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