Under Illinois law, are prior occurrences of death, HIV/AIDS status of occupants, or other personal-history matters about prior occupants required to be disclosed as material defects on the statutory residential disclosure report?
Correct Answer
B) No, because the Illinois Residential Real Property Disclosure Act is a physical-condition disclosure instrument and does not classify personal-history matters as material defects requiring a check-box entry.
The Illinois Residential Real Property Disclosure Act (765 ILCS 77) requires sellers to disclose known physical conditions and material defects affecting the property itself. Death on the premises, HIV/AIDS status of prior occupants, and similar personal-history matters are not listed defect categories under the Act. Illinois law (765 ILCS 77/25) explicitly provides that a seller is not required to disclose that an occupant had HIV/AIDS.
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Related Topics & Key Terms
Key Terms:
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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