The Bar News

Full Disclosure

The purchase of a home with hidden defects has a body of law of its own. At its center is the Residential Real Property Disclosure Act. While it is commonly known that sellers must disclose certain defects, the nuances may be less known. What type of defects must be disclosed? Can a seller give an example of the problem, as opposed to an exhaustive list? Can a seller rely on the real estate agent’s advice about what to disclose? What if the sellers deny that they were aware of the defects? What if the sellers claim they believed the issue had been repaired? In his October Illinois Bar Journal article, “Full Disclosure,” Joseph Rubas answers these questions so that you can help your new-homeowner clients.

Read more in the October Illinois Bar Journal

Posted on October 14, 2019 by Rhys Saunders
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Member Comments (4)

very good article

Thanks so much!

Very well done. Personally, I think that the statute should be amended to close the loophole for the garden variety living trusts that we see so frequently. If the trustee is living in the property, I don't see any good reason not to disclose what they "are aware" of.

Thank you!

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