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Mandated DisclosuresMaterial_adverse_facts_stigma_and_other_illinois_disclosuresMEDIUM

Under current Illinois law, what is the scope of a buyer's right to terminate a contract after receiving a supplemental disclosure from the seller?

Correct Answer

B) The buyer's termination right is not unconditional; it depends on statutory conditions tied to the nature of the defect and the seller's repair response.

Under the Illinois Residential Real Property Disclosure Act (765 ILCS 77/35), a supplemental disclosure does not automatically grant the buyer an unrestricted new right to cancel. The buyer's termination right is conditioned on specific statutory criteria — including the nature and materiality of the newly disclosed defect and whether the seller agrees to repair or remediate. Not every supplemental disclosure triggers a cancellation right; the statute sets defined conditions that must be met.

Answer Options
A
The buyer has an unconditional right to terminate for any reason within five business days of receiving any supplemental disclosure.
B
The buyer's termination right is not unconditional; it depends on statutory conditions tied to the nature of the defect and the seller's repair response.
C
The buyer has no termination right after a supplemental disclosure once the attorney review period has expired.
D
The buyer may terminate only if the supplemental disclosure reveals a defect that causes the property's appraised value to fall below the contract price.

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Related Topics & Key Terms

Key Terms:

difficulty_3disclosuresil_specific_disclosuresillinois_statematerial_adverse_facts_stigma_and_other_illinois_disclosuresrrpdscenariosupplemental_rights

Related Concepts

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.

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.

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