REAL PROP DISCLSOURE-ROOF AGE

Illinois General Assembly - Full Text of HB2559

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2559

Introduced 2/4/2025, by Rep. Dagmara Avelar

SYNOPSIS AS INTRODUCED:

765 ILCS 77/35

Amends the Real Property Disclosure Act. Requires the age of a roof to
be disclosed in the Disclosure Report.
LRB104 08376 JRC 18427 b

A BILL FOR

HB2559
LRB104 08376 JRC 18427 b
1

AN ACT concerning civil law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Residential Real Property Disclosure Act is
5
amended by changing Section 35 as follows:

6

(765 ILCS 77/35)
7

Sec. 35.
Disclosure report form.
The disclosures required
8
of a seller by this Act shall be made in the following form:
9
RESIDENTIAL REAL PROPERTY DISCLOSURE REPORT
10

NOTICE: THE PURPOSE OF THIS REPORT IS TO PROVIDE
11
PROSPECTIVE BUYERS WITH INFORMATION ABOUT MATERIAL DEFECTS IN
12
THE RESIDENTIAL REAL PROPERTY BEFORE THE SIGNING OF A
13
CONTRACT. THIS REPORT DOES NOT LIMIT THE PARTIES' RIGHT TO
14
CONTRACT FOR THE SALE OF RESIDENTIAL REAL PROPERTY IN "AS IS"
15
CONDITION. UNDER COMMON LAW, SELLERS WHO DISCLOSE MATERIAL
16
DEFECTS MAY BE UNDER A CONTINUING OBLIGATION TO ADVISE THE
17
PROSPECTIVE BUYERS ABOUT THE CONDITION OF THE RESIDENTIAL REAL
18
PROPERTY EVEN AFTER THE REPORT IS DELIVERED TO THE PROSPECTIVE
19
BUYER. COMPLETION OF THIS REPORT BY THE SELLER CREATES LEGAL
20
OBLIGATIONS ON THE SELLER; THEREFORE THE SELLER MAY WISH TO
21
CONSULT AN ATTORNEY PRIOR TO COMPLETION OF THIS REPORT.
22
Property Address:
...........................................

23
City, State & Zip Code:
.....................................

HB2559
- 2 -
LRB104 08376 JRC 18427 b
1
Seller's Name:
..........................................
2

This Report is a disclosure of certain conditions of the
3
residential real property listed above in compliance with the
4
Residential Real Property Disclosure Act. This information is
5
provided as of ...(month) ...(day) ...(year). The disclosures
6
herein shall not be deemed warranties of any kind by the seller
7
or any person representing any party in this transaction.
8

In this form, "aware" means to have actual notice or
9
actual knowledge without any specific investigation or
10
inquiry. In this form, "material defect" means a condition
11
that would have a substantial adverse effect on the value of
12
the residential real property or that would significantly
13
impair the health or safety of future occupants of the
14
residential real property unless the seller reasonably
15
believes that the condition has been corrected.
16

The seller discloses the following information with the
17
knowledge that even though the statements herein are not
18
deemed to be warranties, prospective buyers may choose to rely
19
on this information in deciding whether or not and on what
20
terms to purchase the residential real property.
21

The seller represents that to the best of his or her actual
22
knowledge, the following statements have been accurately noted
23
as "yes" (correct), "no" (incorrect), or "not applicable" to
24
the property being sold. If the seller indicates that the
25
response to any statement, except number 1, is yes or not
26
applicable, the seller shall provide an explanation in the

HB2559
- 3 -
LRB104 08376 JRC 18427 b
1
additional information area of this form.
2
YES
NO
N/A
3
1.
.....
.....
.....
Seller has occupied the property
4
within the last 12 months.
5
6
(If "no," please identify capacity or explain relationship to property.)
7
2.
.....
.....
.....
I currently have flood hazard
8
insurance on the property.
9
3.
.....
.....
.....
I am aware of flooding or recurring
10
leakage problems in the crawl
11
space or basement.
12
4.
.....
.....
.....
I am aware that the property is
13
located in a floodplain.
14
5.
.....
.....
.....
I am aware of material defects in
15
the basement or foundation
16
(including cracks and bulges).
17
6.
.....
.....
.....
I am aware of leaks or material
18
defects in the roof, ceilings, or
19
chimney.
20
7.
.....
.....
.....
I am aware of material defects in
21
the walls, windows, doors, or floors.
22
8.
.....
.....
.....
I am aware of material defects in
23
the electrical system.
24
9.
.....
.....
.....
I am aware of material defects in
25
the plumbing system (includes
26
such things as water heater, sump

HB2559
- 4 -
LRB104 08376 JRC 18427 b
1
pump, water treatment system,
2
sprinkler system, and swimming
3
pool).
4
10.
.....
.....
.....
I am aware of material defects in
5
the well or well equipment.
6
11.
.....
.....
.....
I am aware of unsafe conditions in
7
the drinking water.
8
12.
.....
.....
.....
I am aware of material defects in
9
the heating, air conditioning, or
10
ventilating systems.
11
13.
.....
.....
.....
I am aware of material defects in
12
the fireplace or woodburning
13
stove.
14
14.
.....
.....
.....
I am aware of material defects in
15
the septic, sanitary sewer, or
16
other disposal system.
17
15.
.....
.....
.....
I am aware of unsafe concentrations
18
of radon on the premises.
19
16.
.....
.....
.....
I am aware of unsafe concentrations
20
of or unsafe conditions relating
21
to asbestos on the premises.
22
17.
.....
.....
.....
I am aware of unsafe concentrations
23
of or unsafe conditions relating
24
to lead paint, lead water pipes,
25
lead plumbing pipes or lead in
26
the soil on the premises.

HB2559
- 5 -
LRB104 08376 JRC 18427 b
1
18.
.....
.....
.....
I am aware of mine subsidence,
2
underground pits, settlement,
3
sliding, upheaval, or other earth
4
stability defects on the
5
premises.
6
19.
.....
.....
.....
I am aware of current infestations
7
of termites or other wood boring
8
insects.
9
20.
.....
.....
.....
I am aware of a structural defect
10
caused by previous infestations
11
of termites or other wood boring
12
insects.
13
21.
.....
.....
.....
I am aware of underground fuel
14
storage tanks on the property.
15
22.
.....
.....
.....
I am aware of boundary or lot line
16
disputes.
17
23.
.....
.....
.....
I have received notice of violation
18
of local, state or federal laws
19
or regulations relating to this
20
property, which violation has not
21
been corrected.
22
24.
.....
.....
.....
I am aware that this property has
23
been used for the manufacture
24
of methamphetamine as
25
defined in Section 10 of
26
the Methamphetamine Control

HB2559
- 6 -
LRB104 08376 JRC 18427 b
1
and Community Protection Act.
2
25.
.....
.....
.....
I am aware that the roof of this

3
property is ..... years old.
4

Note: These disclosures are not intended to cover the
5
common elements of a condominium, but only the actual
6
residential real property including limited common elements
7
allocated to the exclusive use thereof that form an integral
8
part of the condominium unit.
9

Note: These disclosures are intended to reflect the
10
current condition of the premises and do not include previous
11
problems, if any, that the seller reasonably believes have
12
been corrected.
13

If any of the above are marked "not applicable" or "yes",
14
please explain here or use additional pages, if necessary:
15
..

16
.............................................................

17
.............................................................
18

Check here if additional pages used: .....
19

Seller certifies that seller has prepared this report and
20
certifies that the information provided is based on the actual
21
notice or actual knowledge of the seller without any specific
22
investigation or inquiry on the part of the seller. The seller
23
hereby authorizes any person representing any principal in
24
this transaction to provide a copy of this report, and to
25
disclose any information in the report, to any person in
26
connection with any actual or anticipated sale of the

HB2559
- 7 -
LRB104 08376 JRC 18427 b
1
property.
2

(This paragraph shall be printed in boldface type.) THE
3
SELLER ACKNOWLEDGES THAT THE SELLER IS REQUIRED TO PROVIDE
4
THIS DISCLOSURE REPORT TO THE PROSPECTIVE BUYER BEFORE THE
5
SIGNING OF THE CONTRACT AND HAS A CONTINUING OBLIGATION,
6
PURSUANT TO SECTION 30 OF THE RESIDENTIAL REAL PROPERTY
7
DISCLOSURE ACT, TO SUPPLEMENT THIS DISCLOSURE PRIOR TO
8
CLOSING.
9
Seller: ............................... Date:
...............

10
Seller: ............................... Date:
...........
11

THE PROSPECTIVE BUYER IS AWARE THAT THE PARTIES MAY CHOOSE
12
TO NEGOTIATE AN AGREEMENT FOR THE SALE OF THE PROPERTY SUBJECT
13
TO ANY OR ALL MATERIAL DEFECTS DISCLOSED IN THIS REPORT ("AS
14
IS"). THIS DISCLOSURE IS NOT A SUBSTITUTE FOR ANY INSPECTIONS
15
OR WARRANTIES THAT THE PROSPECTIVE BUYER OR SELLER MAY WISH TO
16
OBTAIN OR NEGOTIATE. (The remainder of this paragraph shall be
17
printed in boldface type.) THE FACT THAT THE SELLER IS NOT
18
AWARE OF A PARTICULAR CONDITION OR PROBLEM IS NO GUARANTEE
19
THAT IT DOES NOT EXIST. THE PROSPECTIVE BUYER IS AWARE THAT THE
20
PROSPECTIVE BUYER MAY REQUEST AN INSPECTION OF THE PREMISES
21
PERFORMED BY A QUALIFIED PROFESSIONAL.
22
Prospective Buyer: .................. Date: ...... Time: ....

23
Prospective Buyer: .................. Date: ...... Time: ....
24
(Source: P.A. 102-765, eff. 5-13-22.)

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