EstatePass
Mandated DisclosuresMaterial_adverse_facts_stigma_and_other_illinois_disclosuresHARD

Under Illinois law, when must a real estate licensee disclose a material adverse fact about a property to a party in a transaction?

Correct Answer

D) When the licensee has actual knowledge of a latent material adverse fact that would not be discovered by a reasonably diligent inspection, regardless of which party the licensee represents.

The Illinois Real Estate License Act imposes an affirmative duty on licensees to disclose latent material adverse facts that are actually known to the licensee and that would not be discoverable by a reasonably diligent inspection. This duty applies regardless of agency relationship and cannot be overridden by a seller's confidentiality request when the fact is material and latent.

Answer Options
A
Only when the seller has not requested confidentiality, because a seller's confidentiality instruction overrides any licensee disclosure duty.
B
Only to the licensee's own client, because no disclosure duty runs to customers or opposing parties under Illinois law.
C
Only when the defect has already been identified on the seller's written disclosure report, because the licensee has no independent duty beyond that document.
D
When the licensee has actual knowledge of a latent material adverse fact that would not be discovered by a reasonably diligent inspection, regardless of which party the licensee represents.

Why This Is the Correct Answer

Sign up free to unlock full analysis

Why the Other Options Are Wrong

Sign up free to unlock full analysis

Deep Analysis of This Mandated Disclosures Question

Sign up free to unlock full analysis

Background Knowledge for Mandated Disclosures

Sign up free to unlock full analysis
Sign up free to unlock full analysis

Real World Application in Mandated Disclosures

Sign up free to unlock full analysis

Common Mistakes to Avoid on Mandated Disclosures Questions

Sign up free to unlock full analysis

Related Topics & Key Terms

Key Terms:

definitiondifficulty_4disclosuresil_specific_disclosuresillinois_statelicensee_dutymaterial_adverse_factsmaterial_adverse_facts_stigma_and_other_illinois_disclosures

Related Concepts

Many states and localities have fair housing laws that expand upon the protections offered by the federal Fair Housing Act.

A stigmatized property is one that has an undesirable reputation due to events that occurred on the property or nearby, such as a murder, suicide, alleged haunting, or proximity to a registered sex offender. The stigma is psychological, not physical.

An as-is clause in a real estate contract states that the buyer accepts the property in its current condition without requiring the seller to make any repairs. However, an as-is sale does NOT eliminate the seller's obligation to disclose known defects.

Was this explanation helpful?

More Mandated Disclosures Questions

People Also Study

Practice More Questions

Access 2,000+ practice questions and pass your real estate exam.

Start Practicing