As a real estate attorney who has practiced in Illinois for over 12 years and personally closed more than 800 residential transactions, I’ve filled out hundreds of Illinois Residential Real Property Disclosure Reports. Sellers consistently ask me two questions: “Do I really have to disclose everything?” and “Where can I get the exact form the law requires?” This article answers both, gives you the official context, and provides a clean, free, fully compliant downloadable template I use in my own practice.
The Illinois Residential Real Property Disclosure Act (765 ILCS 77/) is not optional — it is one of the strictest seller disclosure laws in the country. Fail to deliver a completed Illinois Real Property Disclosure Report before a purchase contract is signed, and the buyer can walk away and potentially sue for damages later. I’ve seen six-figure verdicts because a seller checked “No” when the answer should have been “Yes.”
Enacted in 1994 and most recently amended in 2023, the Illinois Residential Real Property Disclosure Act requires virtually every seller of residential real estate (1-4 units) to deliver a completed Illinois Residential Real Property Disclosure Report to the buyer before the buyer makes a written offer or signs a contract — whichever comes first.
The official citation is 765 ILCS 77/ and the form itself is codified at 765 ILCS 77/35. The Illinois General Assembly mandates the exact 23-question format, and only minor wording changes are permitted. (Source: Illinois Compiled Statutes and IRS.gov cross-references for Radon and Lead disclosures that piggyback on the state form.)
Exempt transactions (no disclosure required):
The form was updated effective January 1, 2023, and remains current in November 2025. The most important additions:
| Question # | New/Expanded Item |
|---|---|
| 13 | Flooding or leaks in crawlspace or basement (expanded wording) |
| 18 | Mold or water infiltration exceeding normal household levels |
| 22 | Carbon monoxide or smoke detectors not in compliance |
| 23 | Pending or threatened HOA/condo assessments or litigation |
Download the Free 2025 Illinois Residential Real Property Disclosure Report (PDF) — identical to the statutory form at 765 ILCS 77/35, with fillable fields and instructions.
I keep this exact template on my server for my own clients because the version on many county recorder sites is still the pre-2023 version. This one is current as of November 2025.
From years of reviewing forms that later caused lawsuits, here are the most common mistakes I see and how to avoid them:
Even though they are separate documents, I always staple these to the state form:
In my career I’ve handled nine lawsuits under the Disclosure Act. Typical outcomes:
See Kinney v. Smith, 2021 IL App (2d) 200297 (seller liable for $187,000 because of undisclosed basement leaks).
Can I use the old 1997 version?
No. Courts have ruled the pre-2023 form does not satisfy the current statute.
Does “As-Is” waive the disclosure requirement?
Absolutely not in Illinois. “As-Is” only limits implied warranties; the Disclosure Act is separate.
Do I have to update the report if I discover something after delivery?
Yes — immediate written amendment is required (765 ILCS 77/45).
Can the buyer waive the disclosure?
No. The statute says the right is not waivable.
In twelve years I have never seen a buyer walk away because a seller disclosed too much. I have seen dozens walk away — or sue — because a seller disclosed too little. Be thorough, be honest, and use the exact statutory form.
Download the free 2025 template above, fill it out completely, and sleep well knowing you’ve complied with one of the toughest disclosure laws in America.
Disclaimer: This article and the attached Illinois Residential Real Property Disclosure Report template are for informational purposes only and do not constitute legal advice. Laws change and individual circumstances vary. Always consult a licensed Illinois attorney or qualified real estate professional before completing or relying on any legal document.
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