Illinois Seller Disclosure Requirements | RPDA 765 ILCS 77 Guide

Key Information

Illinois's Real Property Disclosure Act (RPDA), codified at 765 ILCS 77, requires residential sellers to complete a standardized disclosure form with 22 specific questions covering structural defects, water intrusion, environmental hazards, mechanical systems, HOA status, and boundary disputes — before executing a sales contract. Buyers have 5 business days after receipt to rescind the contract based on the disclosure. For homes built before 1978, the federal Lead-Based Paint Disclosure Rule (42 U.S.C. §4852d) also applies. BuildMyListing helps Illinois listing agents document RPDA disclosure obligations and produce compliant listing packages.

Pricing: Starting $99/month

Time Required: Complete RPDA documentation package in one workflow

The Problem

The Illinois RPDA form has 22 specific questions — and buyers have a 5-business-day right to rescind the contract after receiving it. Agents who hand the form to sellers without walking through each item risk incomplete disclosures that trigger rescission rights or post-closing fraud claims.

The Solution

BuildMyListing helps Illinois listing agents document the RPDA disclosure conversation, flag environmental hazard categories (radon, underground storage tanks, hazardous waste), and generate a complete listing package with timestamped disclosure records — so nothing is overlooked before the contract is signed.

Key Features

22-Question RPDA Documentation

Structured documentation of all 22 Illinois RPDA disclosure questions: structural defects, water intrusion, mechanical systems, environmental hazards, boundary disputes, HOA status, and zoning violations — organized and timestamped for the broker file.

Benefit: Complete RPDA coverage before the listing agreement is signed

Radon and Environmental Hazard Section

Illinois is in a high radon zone — the RPDA specifically requires radon disclosure. BuildMyListing prompts for radon test results, underground storage tank history, and hazardous waste proximity — key categories in Illinois disclosures.

Benefit: Environmental disclosure categories flagged automatically

5-Day Rescission Window Tracking

Illinois RPDA §3 gives buyers 5 business days after receipt of the disclosure form to rescind the contract. BuildMyListing timestamps delivery of the disclosure to help agents track the rescission window.

Benefit: Track the rescission window to protect contract validity

Lead Paint Federal Addendum

For homes built before 1978, the federal EPA/HUD Lead-Based Paint Disclosure Rule (42 U.S.C. §4852d) applies in addition to the RPDA. BuildMyListing flags pre-1978 construction and includes the lead paint checklist in the documentation package.

Benefit: Federal overlay never missed on older Illinois homes

How It Works

Enter Property Details and Known Conditions

Input the property address, construction year, and known condition items. BuildMyListing maps conditions to the 22 RPDA questions and flags environmental categories requiring disclosure — including radon history and underground storage tank status.

Walk Through All 22 RPDA Questions with Seller

Go through each RPDA question with your seller. Document responses for all 22 items. BuildMyListing timestamps each response for a complete disclosure record. Pre-1978 construction automatically adds the federal lead paint disclosure to the checklist.

Download Listing Package with RPDA Record

Download the full listing package: enhanced photos, MLS description, and an RPDA documentation summary for the broker file. All disclosure responses timestamped and formatted before the listing goes live.

Compliance Reference

RPDA Category	765 ILCS 77 Reference	Key Disclosure Items	Notes
Structural systems	765 ILCS 77/35 (Form questions 1-5)	Foundation defects, roof condition, walls, floors, ceilings, windows	Known structural defects must be disclosed. 'Known' standard — sellers are not required to inspect or investigate.
Water intrusion and drainage	765 ILCS 77/35 (Form questions 6-8)	Basement water, water heater location, drainage issues	Water intrusion is one of the most litigated RPDA categories in Illinois. Any known history of water entry must be disclosed.
Mechanical systems	765 ILCS 77/35 (Form questions 9-13)	Heating, cooling, plumbing, electrical, sewer/septic	Known defects in mechanical systems must be disclosed. Systems that are functional but aging may still require disclosure if seller knows of deficiencies.
Environmental hazards	765 ILCS 77/35 (Form questions 14-17)	Radon, underground storage tanks, hazardous waste, asbestos, lead paint	Illinois is in EPA Radon Zone 1 (highest potential). Sellers must disclose radon test results if known. Lead paint: federal 42 U.S.C. §4852d applies for pre-1978 homes.
HOA and common interest	765 ILCS 77/35 (Form question 18); 765 ILCS 160 (Condo Act)	HOA existence, monthly fees, pending assessments, rules	HOA status must be disclosed. Condo sales have additional requirements under the Illinois Condominium Property Act (765 ILCS 605).
Boundary and legal issues	765 ILCS 77/35 (Form questions 19-22)	Encroachments, easements, zoning violations, permit issues	Known boundary disputes, survey issues, or unpermitted work must be disclosed.
Federal lead-based paint	42 U.S.C. §4852d (federal EPA/HUD rule)	Lead paint disclosure form, EPA pamphlet, 10-day inspection right	Required for all homes built before 1978 — separate from and in addition to the RPDA. Buyer gets 10 days to inspect.

Common Use Cases

Chicago North Shore Home with Basement Water History

Scenario: Agent listing a 1978 Evanston bungalow with prior basement water intrusion (mitigated via French drain in 2020). RPDA water section must disclose the history even though repairs were made; pre-1978 construction triggers federal lead paint.

Process: Enter 1978 construction year → Federal lead paint checklist added automatically → Document basement water history in RPDA water section → Generate timestamped disclosure record → Full listing package downloaded

Compliance: RPDA water intrusion disclosure and federal lead paint requirements both documented before listing

Suburban Cook County Condo with HOA and Radon

Scenario: Agent listing a 2001 Schaumburg condo in a complex where radon was detected in a common area in 2023. RPDA environmental section, condo HOA disclosure, and Illinois Condominium Property Act requirements all apply.

Process: Flag condo status → BuildMyListing prompts HOA disclosure and 765 ILCS 605 condo document requirements → Radon detection in common area documented in environmental section → RPDA record generated

Compliance: Radon disclosure, condo HOA requirements, and RPDA documented before listing

Frequently Asked Questions

What is the Illinois Real Property Disclosure Act (RPDA)?

The Illinois Real Property Disclosure Act (RPDA), codified at 765 ILCS 77, requires sellers of residential real property (single-family homes, condominiums, townhomes, and dwellings with up to 4 units) to complete a standardized disclosure form before executing a sales contract. The form has 22 specific yes/no questions covering structural defects, water intrusion, mechanical systems, environmental hazards, HOA status, and boundary issues. Sellers must sign the form and provide it to buyers before or at the time of signing the contract.

What is the buyer's right to rescind under the Illinois RPDA?

Under 765 ILCS 77/25, a buyer who receives the RPDA disclosure form has 5 business days after receipt to rescind the contract — without penalty. The seller must provide the disclosure, and the buyer signs an acknowledgment of receipt. The 5-day rescission right begins when the buyer actually receives the signed form, not when it is mailed or delivered to their agent. This makes timely, accurate SPDS delivery important to protect contract enforceability.

What transactions are exempt from the Illinois RPDA?

765 ILCS 77/15 exempts several transaction types from the RPDA: new construction where the buyer has not occupied the property; sale between co-owners (co-tenants); transfers to a spouse or lineal descendant; certain court-ordered sales (foreclosure, probate); and transfers where both parties agree in writing to waive the disclosure. Foreclosure sales and REO transfers are commonly exempt — but note that the federal lead paint disclosure (42 U.S.C. §4852d) for pre-1978 homes applies regardless of exemption status.

Does Illinois require radon disclosure?

Yes. The RPDA form specifically asks whether the seller is aware of radon in the property. Illinois is classified by the EPA in Radon Zone 1 — the highest potential for elevated indoor radon levels — which covers much of northern and central Illinois including the Chicago metropolitan area. If a radon test has been conducted, sellers are obligated to disclose known results. Illinois also has the Illinois Emergency Management Agency (IEMA) Radon Awareness Act (420 ILCS 46), which requires agents to provide buyers with an IEMA radon disclosure notice at or before contract.

Do Illinois condominiums have additional disclosure requirements?

Yes. In addition to the RPDA, condominium sales in Illinois are subject to the Illinois Condominium Property Act (765 ILCS 605). Section 22.1 of the Act requires sellers to provide buyers with a package of condo association documents — including the declaration, bylaws, budget, reserve fund status, and board meeting minutes — within 30 days of the contract. Buyers have a right to rescind within 3 business days of receiving the complete condo document package. HOA monthly fees and any pending special assessments must also be disclosed.

When does the federal lead paint disclosure apply in Illinois?

The federal EPA/HUD Lead-Based Paint Disclosure Rule (42 U.S.C. §4852d) applies to any residential housing built before 1978, in all 50 states including Illinois. Illinois has substantial pre-1978 housing stock — particularly in Chicago, Evanston, Oak Park, and other older communities. Sellers must provide the lead paint disclosure form, the EPA pamphlet 'Protect Your Family From Lead in Your Home,' disclose any known lead hazards, and give buyers a 10-day inspection right. The federal lead paint requirement applies even if the transaction is otherwise RPDA-exempt.

What are the penalties for RPDA non-disclosure in Illinois?

A buyer who suffers damages from incomplete or inaccurate RPDA disclosure can bring a civil action for rescission or damages. Under 765 ILCS 77/55, a knowing violation — where the seller deliberately conceals a material defect — can result in civil penalties up to three times the actual damages. Agents who participate in concealment face Illinois Department of Financial and Professional Regulation (IDFPR) disciplinary action including fine or license suspension. Separate fraud claims may apply where concealment is intentional.

How does Illinois RPDA disclosure compare to neighboring states?

Illinois's RPDA — with its 22 specific questions and 5-day rescission right — is among the more structured mandatory disclosure frameworks in the Midwest. Indiana requires a Residential Real Estate Sales Disclosure Form similar in structure. Michigan's Seller Disclosure Act (MCL 565.951) also uses a standardized form. Wisconsin uses a Real Estate Condition Report. Missouri does not require a mandatory form for residential sales — a notable contrast to Illinois's mandatory structure. Among major markets, Illinois's radon-specific requirements and 5-day rescission right stand out.

Ready to Get Started?

Transform your listing photos with AI-powered enhancement and automatic AB 723 compliance tracking.

Join the Waitlist

Illinois RPDA Seller Disclosure Requirements — The 22-Question Form Explained