Public Act 98-0754 (IL)
Residential Real Property Disclosure Act
Effective date: January 1, 2015
Statutes Amended – 765 ILCS 77/35
The Act amends the Residential Real Property Disclosure Act by requiring the seller to disclose if he or she is aware of any material defect to the windows or doors of the property. The addition is written into question six on the disclosure report form.
The law comes in the wake of Kalkman v. Nedved, where the court construed the language of the disclosure report form not to include window or door defects as one of the 23 items that a seller must disclose to the potential buyer. 2013 Ill. App. (3d) 120800 (Ill. App. Ct. 2013).
ATG's Form 4038 is updated to reflect this change.
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