Selling Your Home in Kane or DuPage County: What Illinois Sellers Must Disclose

Joseph S. Angelillo • November 4, 2026

If you are selling a home in Kane or DuPage County, the buyer's agent and attorney will expect disclosure forms early in the deal. Sellers are often surprised by how much the forms ask — and by how little room "as is" actually gives them.

This guide explains what Illinois home sellers generally have to disclose, which extra forms apply to many older homes and condos, when the buyer gets them, and what can happen if something is left out. It goes deeper on disclosures than our broader seller's guide.

This post is general information, not legal advice.

Does Illinois Require Home Sellers to Make Disclosures?

Yes, for most residential sales. The Illinois Residential Real Property Disclosure Act requires most sellers of homes with one to four units — including condominium and cooperative units, and manufactured homes that are real property — to complete a Residential Real Property Disclosure Report and give it to the buyer.

The key idea is actual knowledge. "Aware" means actual notice or knowledge without any specific investigation. A "material defect" is a condition with a substantial adverse effect on value, or that would significantly impair health or safety of future occupants, unless the seller reasonably believes it has been corrected. You do not have to hire inspectors — but if you know about a material defect, disclose it.

What the Disclosure Report Asks About

The current statutory report covers 24 items. In plain terms, the questions cover occupancy and flood insurance; flooding, leaks, and flood-plain status; defects in the foundation, roof, structure, and finishes; major systems (electrical, plumbing, HVAC, well, septic, fireplace); unsafe drinking water, radon, asbestos, and lead; earth stability and wood-boring insects; underground fuel tanks; boundary disputes; uncorrected code-violation notices; and whether methamphetamine was manufactured on the property.

If you answer "yes" or "not applicable," explain. Mold and a prior fire are not separate statutory line items; if either created a material defect you know about, disclose it under the applicable item.

Other Disclosures Many Sellers Forget

Radon Disclosure

Under the Illinois Radon Awareness Act, before the buyer is bound the seller must provide the IEMA radon pamphlet (or an approved equivalent) and the Illinois radon disclosure form, and share any elevated radon results the seller has. Testing and mitigation are not required. Certain third-story-or-higher units are among the exclusions.

Lead-Based Paint (Homes Built Before 1978)

For pre-1978 "target housing," federal lead-paint rules require a lead disclosure, any lead reports the seller has, the EPA pamphlet, and a Lead Warning Statement in the contract. Buyers typically get a 10-day opportunity to inspect for lead unless the parties agree otherwise or the buyer waives in writing.

Condo and HOA Documents

Condo sellers (other than the developer) must obtain association documents from the board under Illinois condo resale disclosure rules — including the declaration, bylaws, rules, assessment and lien information, reserves, financials, pending suits, insurance, and a board contact. The board generally has 10 business days after a written request. For many non-condo common-interest communities, Illinois common-interest community rules (CICAA) may apply instead (~30 days).

Does Selling "As Is" Get You Out of Disclosing?

Generally, no. "As is" usually means you will not make repairs or give credits. It does not let you skip the disclosure report or hide problems you know about — and it does not shield fraud claims.

When Do You Give the Buyer the Disclosure Report?

Deliver the report before the buyer signs a binding contract. Delivery to one buyer generally counts for all. If a material defect is first disclosed after acceptance — generally a "yes" on any item other than occupancy and flood insurance — the buyer may terminate within 5 business days and get the earnest money back. If you learn before closing that the report was wrong or incomplete, give a written supplement.

Who Is Exempt?

Some transfers are exempt from the disclosure report — for example certain court-ordered, foreclosure, or deed-in-lieu transfers; transfers by a fiduciary (estate, guardianship, or trust); transfers between co-owners or to a spouse or lineal relatives; certain inheritance transfers; some relocation-company and government transfers; and never-occupied new construction (not rehabs). Consult an attorney before skipping the form. Even when the report is not required, lead-based paint and other anti-fraud rules may still apply.

What Happens if a Seller Leaves Something Out?

The Act generally protects sellers who honestly did not know about a problem, who reasonably believed it had been corrected, or who relied in good faith on a public agency or licensed professional within that person's trade. Disclosures are not warranties. Sellers who knowingly omit a known defect, or give information they know is false, can face claims for actual damages and court costs; the court may award reasonable attorney fees. Common-law fraud claims may also survive. A lawsuit under the Act must generally be filed within one year of the earliest of possession, occupancy, or recording of the deed.

Tips for Home Sellers in Illinois

Fill out the forms yourself, and be honest. When in doubt, disclose — a short note about an old repaired leak beats a dispute after closing.
Gather your records (repair invoices, warranties, radon tests, permits) and have your attorney review the forms before buyers see them.
Update the buyer in writing if something changes before closing.
Know your closing costs. State, county, and some municipal transfer taxes may apply. In Kane and DuPage Counties, sellers commonly plan for county transfer stamps; many municipalities add their own. Who pays is often local custom or the contract. Costs in other jurisdictions will vary.

How a Real Estate Attorney Helps Sellers

A real estate attorney can review your disclosure forms before buyers see them, help you describe past problems accurately, and guide you through the attorney review period in your contract. Your attorney also handles inspection responses, title issues, and closing. See our St. Charles home seller attorney page and our Kane County and DuPage County residential real estate pages.

If you are selling a home in Kane or DuPage County and have questions about your disclosure forms, contact Angelillo Law for a free consultation.

Call (630) 688-7511 Schedule a Free Consultation

Frequently Asked Questions

What do you have to disclose when selling a house in Illinois?

Most sellers must complete the Residential Real Property Disclosure Report. Many also need radon disclosures under the Illinois Radon Awareness Act and, for pre-1978 homes, federal lead-paint disclosures. Condo sellers usually provide association documents under Illinois condo resale disclosure rules.

Is Illinois a non-disclosure state?

That phrase usually means whether sale prices must be public, not condition disclosures. Illinois requires most home sellers to disclose known material defects under the Residential Real Property Disclosure Act.

If I sell my house "as is," do I still have to fill out the disclosure report?

Generally, yes — unless the sale is exempt. "As is" does not shield fraud claims.

Do I need the radon and lead-paint forms too?

Often, yes. Radon disclosure under the Illinois Radon Awareness Act applies to many residential sales, and federal lead-paint disclosure applies to homes built before 1978.

What if I did not know about a problem when I sold?

The Act is based on what you actually knew. Sellers generally are not liable for problems they did not know about or reasonably believed were corrected. If you learn of a problem before closing, update the buyer in writing.

Related Real Estate Resources

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Attorney Advertising. This page is for general informational purposes only and is not legal advice. Viewing it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Laws and local requirements change; contact an attorney about your specific situation.

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