Avoiding unsupported safety claims in Illinois listing descriptions
Strategies for Illinois sellers to write accurate, legally compliant property descriptions that avoid unsubstantiated health and safety claims.
The short answer
In Illinois, listing descriptions should remain factual to avoid misrepresentation. Avoid claiming a home is 'safe' or 'hazard-free' regarding lead, radon, or flooding unless you possess official, recent documentation. Sellers must disclose known material defects, but are not required to perform new testing to prove the absence of hazards. Stick to known facts to remain compliant with the Illinois Residential Real Property Disclosure Act.
Focusing on Documented Facts
Instead of subjective terms like 'radon-free,' state: 'Professional radon testing results are available upon request.'
Always link safety claims to actual test results provided by a licensed professional.
Worksheet: List all installed safety equipment (e.g., sump pumps, mitigation systems) and match them to the professional certification verifying their current status.
Understanding Disclosure Scope
The Residential Real Property Disclosure Act applies to 1-4 dwelling units. Be precise about what you have disclosed in writing.
Ask a professional: 'How do I describe a basement system without inadvertently creating a warranty about future performance?'
Planning example: Describe the system's function rather than its outcome, such as 'Sump pump installed in 2022' instead of 'Dry basement guaranteed.'
Mitigating Liability
Sellers are not liable for inaccuracies provided by licensed professionals. Ensure your marketing copy references those professionals rather than yourself.
Planning example: If a flood map shows a high-risk area, do not describe the property as 'high and dry.' Reference the FEMA map instead.
Checklist
- Audit listing for absolute safety claims.
- Review disclosure form against draft text.
- Attach copies of professional certifications.
- Verify compliance with lead-based paint rules.
- Update references to flood hazard data.
Common questions
Should I include 'safe for kids' in my listing description?
Avoid such claims, as 'safe' is an opinion, not a fact. Lead and radon hazards depend on specific technical testing that a listing description cannot legally replace.
Can I say my home is in a 'no-risk' flood zone?
No. FEMA notes that no property is considered a no-risk zone. Always refer to current flood maps rather than making sweeping claims about geography.
Sources
- Illinois Residential Real Property Disclosure ActChecked October 12, 2026
- IEMA-OHS — Real estate radon guidanceChecked October 12, 2026
- EPA — Real estate lead-hazard disclosuresChecked October 12, 2026
- FEMA — Flood mapsChecked October 12, 2026
This guide is general educational content from SQFT IO, prepared with AI assistance. It is not legal, tax or loan advice. Talk with a licensed attorney, tax professional or lender about your situation. SQFT IO Illinois license 478.027617.