Illinois Home Inspection and Repair Negotiation

If no subparagraph is initialed, the form says subparagraph (a) applies — a waiver. That is easy to miss on a quickly signed offer. Buyers who want inspection rights should confirm that 15(b) or 15(c) is actually initialed before the Date of Acceptance, not after the deadline has started.

Attorney review is the window to approve, disapprove, or propose non-price modifications. Inspection is the window, if selected, to evaluate the physical condition of the property and, under 15(b), to ask the seller to address major-component defects. Our article on the attorney review period explains the review timeline. Treat the two calendars together so a notice is not served on the wrong track or after the wrong deadline.

The five-Business-Day inspection window under Paragraph 15(b)

When 15(b) is selected, the buyer may have professional inspections of the home, including home, radon, environmental, lead-based paint, or wood-destroying insect inspections, at the buyer’s expense unless a government rule requires otherwise. The seller is to make the property accessible and have utilities on.

A request for repairs under 15(b) is limited to major components: the central heating and cooling system, plumbing and well system, electrical system, roof, walls, windows, doors, ceilings, floors, appliances, and structural and mechanical components. Under the form, a major component is treated as being in operating condition — and therefore not a defect for this paragraph — if it is not a current threat to health or safety and it performs the function for which it is intended, regardless of age, even if it is near the end of its useful life. Minor repairs, routine maintenance, painting, decorating, and other cosmetic items are not a basis to cancel under this contingency, no matter what they cost to fix.

The buyer generally must serve notice of major-component defects for which a seller resolution is requested within five Business Days after the Date of Acceptance. For a lead-based paint or lead-based paint hazard inspection, the form allows ten calendar days. The form also says the buyer shall not send the inspection report, or any part of it, with that notice unless the seller or the seller’s attorney specifically requests it in writing.

If, after ten Business Days after the Date of Acceptance, the parties have not reached a written agreement on all inspection issues, either party may terminate by serving notice. Separately, if the inspection reveals a condition that is unacceptable to the buyer and the buyer serves notice within five Business Days after the Date of Acceptance, the contract is null and void under that subparagraph. Failure to inspect and notify within the time specified waives the buyer’s right to terminate under Paragraph 15.

Repairs, credits, and what happens if you cannot agree

A buyer can ask for a repair, a closing credit, or a combination, but the request still has to fit the major-component rules in 15(b). A request that violates those limits can, under the form, allow the seller to terminate and direct the return of the buyer’s earnest money. How the notice is worded matters. Sellers should read a request against the contract, not only against the inspector’s comment list.

If the contract ends during the inspection window under these paragraphs, questions about the earnest money follow the contract’s escrow and notice rules. Our earnest-money guide explains how deposits are held and released under 8.0, including when both sides must sign a written direction. See also our article on when buyers can terminate and recover earnest money.

Other inspections in Paragraph 16

Paragraph 16 covers additional inspections that are not the same as the Paragraph 15 home inspection, including a wood-destroying insect inspection (generally within fifteen Business Days after the Date of Acceptance, when selected) and well or sanitary-system inspections when those systems are present. Rural and Campton Hills-area properties often need those extra tests. The contract should give enough time, and the notices should cite the right paragraph.

First-time buyers can review inspection strategy on our first-time and Fox Valley home buyer attorney page. Sellers can see how we respond to requests on our home seller attorney page. County and town context is on the Kane County residential real estate hub and the town pages.

Attorney Fees for Residential Representation

For typical residential seller representation when we also act as title agent, there is no separate seller attorney fee; we are compensated from title fees for title-agent services actually performed, and sellers still pay title premiums and other closing costs. If title is not handled through our agency, a separate seller attorney fee applies. For typical residential buyer representation, we charge a flat $400 legal fee paid at closing.

Related Pages

Read this page together with the attorney review period and the earnest-money guide. The residential real estate practice page and the Illinois home buyer’s guide also cover the path from contract to closing.

Attorney Advertising. This page is general information only and is not legal advice. Reading it does not create an attorney-client relationship. Every transaction is different, contract forms and local rules change, and prior results do not guarantee a similar outcome. Contact an attorney about your specific situation.