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Mandated DisclosuresMaterial_adverse_facts_stigma_and_other_illinois_disclosuresEASY

An Illinois instructor reviewing disclosure rules presents four statements about current Illinois law. Which one of the following statements is NOT accurate under current Illinois practice?

Correct Answer

C) A seller is required to provide a supplemental disclosure only after the deed has been recorded and title has transferred to the buyer.

Under the Illinois Residential Real Property Disclosure Act (765 ILCS 77/35), a supplemental disclosure must be provided to the buyer before closing — not after the deed is recorded. If the seller discovers a new condition or learns that a previously disclosed condition has materially changed, the supplemental disclosure must be delivered with enough time for the buyer to act on it prior to closing. Requiring disclosure only post-deed would defeat the statute's consumer-protection purpose entirely.

Answer Options
A
A licensee must disclose latent material adverse facts actually known to the licensee when those facts would not be discovered by a reasonably diligent inspection.
B
The Residential Real Property Disclosure Report is a physical-condition disclosure instrument and does not require sellers to report prior occupant personal history as a standard defect entry.
C
A seller is required to provide a supplemental disclosure only after the deed has been recorded and title has transferred to the buyer.
D
A buyer's right to terminate following a supplemental disclosure is not unconditional and depends on statutory conditions tied to the nature of the defect and the seller's repair response.

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Related Topics & Key Terms

Key Terms:

difficulty_1disclosuresil_specific_disclosuresillinois_statelicensee_dutymaterial_adverse_factsmaterial_adverse_facts_stigma_and_other_illinois_disclosuresphysical_conditionreverserrpdstigmatized_propertysupplementsupplemental_rights

Related Concepts

Radon disclosure involves informing buyers about the presence or potential presence of radon gas in a property. Radon is a naturally occurring radioactive gas that can accumulate in buildings and is the second leading cause of lung cancer.

Fair housing laws apply to a broad range of activities related to housing, including sale, rental, financing, and advertising.

A seller's disclosure statement is a form that sellers complete to inform buyers about the condition and history of the property, including known defects, past repairs, insurance claims, and environmental issues.

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