Mold Disclosure are Not Required for Residential Homes For Sale in Illinois

Mold Disclosure are Not Required for Residential Homes For Sale in Illinois 

by: Christopher Tenggren (sourced from the Illinois REALTORS – circa November 2016), May 31, 2017

Did you know that mold disclosure forms are not required by Illinois law in real estate transactions?

Many buyers are surprised to hear this, but there are no specific statutory requirements for sellers to provide regarding disclosure of mold. There is no state or federal requirement to do so.

For many years, Illinois REALTORS® did offer their own mold disclosure forms despite the fact that there is no law.

During the past year though, Illinois REALTORS® have stopped offering the form on their website. According to Illinois REALTORS® Legal Hotline Attorney Betsy Urbance, the form was been dropped from their website after a legal review. 

“… Mold disclosure or notice introduces ambiguity into the transaction while also taking the focus off what are truly the important issues to the parties.”

Illinois REALTORS® does not support these forms any longer and requests you discontinue use effective November of 2016

Three main reasons were given for the removal of mold disclosure forms:

  1. There are no state or federal statutory requirements that sellers provide mold disclosure forms.
  2. There is no set scientific standard for what constitutes acceptable or unacceptable levels of mold in a structure.
  3. There are existing disclosure rules which require homeowners to disclose underlying physical defects in a property.

Thus, in the case of mold, there is no legislation specific disclosure law.

However, disclosure of lead paint is required by federal law, Radon disclosure is required by the Illinois Radon Awareness Act, and there is the Illinois Residential Real Property Disclosure Act, which requires a seller to disclose any known physical defects, including issues involving moisture, which might lead to issues with mold.

If you are uncertain of your legal obligations, you should consult an attorney specializing in real estate law.

Disclosure Law Links…

Federal Residential Lead-Based Paint Hazard Reduction Act – 1992

Illinois Radon Awareness Act – 2008

Illinois Residential Real Property Disclosure Act – 1994

Mold Disclosure are Not Required for Residential Homes For Sale in Illinois

Source: Illinois REALTORS

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