An Illinois seller in Oak Park intends to sell a home strictly 'as is' and believes that including an 'as is' clause in the purchase contract eliminates any obligation to provide the statutory residential disclosure report. Which of the following statements correctly describes the effect of an 'as is' clause under Illinois law?
Correct Answer
D) An 'as is' clause does not eliminate the seller's obligation to deliver the statutory disclosure report; the Act's notice provision expressly states that the report does not limit the parties' right to contract 'as is,' meaning both the report and an 'as is' contract can coexist.
Option D correctly states the Illinois rule. The statutory disclosure form used under the Illinois Residential Real Property Disclosure Act (765 ILCS 77/) includes a notice expressly stating that the report does not limit the parties' contractual right to sell or purchase the property 'as is.' The two are not mutually exclusive — a seller subject to the Act must still deliver the completed report even when the contract contains an 'as is' clause.
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Related Topics & Key Terms
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Related Concepts
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