Documenting follow-up questions after an inspection finds a concern
A guide for Illinois homebuyers to document and pursue clarification when inspections uncover material defects or potential safety concerns in a property.
The short answer
When a professional inspection identifies a concern, document the finding in writing and request clarification from your inspector or an expert. Under the Illinois Residential Real Property Disclosure Act, sellers must disclose known material defects, though they need not perform new investigations. Use the inspection report to determine if the issue requires a formal inquiry to the seller before proceeding with your contract.
Confirming Materiality
A material defect significantly impairs health, safety, or property value. If an inspector identifies a potential issue, review if it meets these criteria.
Ask your inspector: 'Does this specific condition reach the threshold of a material defect as defined by the Illinois Disclosure Act?'
Example Worksheet: List the finding, the inspector's notes, and whether the issue is visible or hidden.
Verifying Seller Knowledge
Sellers are only liable for disclosing material defects of which they have actual knowledge. They are not required to conduct investigative repairs.
If a defect is found, ask the seller: 'Were you previously aware of this condition, and did you attempt any repairs?'
Hypothetical planning: If the seller indicates they repaired it, ask for supporting records or the name of the professional who performed the work.
Addressing Incomplete Disclosures
If an inspector discovers a condition not listed on the original disclosure report, you may need a supplemental disclosure.
Ask a professional: 'Is this finding an omission that should have been disclosed based on the seller’s occupancy period?'
Planning example: If the inspector finds structural damage not previously disclosed, confirm with legal counsel if a request for supplemental disclosure is appropriate.
Managing Termination Timelines
You may have the right to terminate a contract within five business days if a material defect is newly disclosed. Always track receipt dates.
Ask your agent: 'Does this discovery entitle us to a termination period, and what documentation is required to initiate it?'
Planning example: Maintain a calendar tracking the date of inspection versus the date of formal delivery of findings to the seller.
Checklist
- Obtain written inspection report.
- Categorize findings as material or cosmetic.
- Check original disclosure form for similar mentions.
- Formalize questions for the seller in writing.
- Verify professional licensing of the inspector.
Common questions
Can I force the seller to repair a defect found during inspection?
The disclosure report does not limit your ability to negotiate 'as is' contracts. You must negotiate repairs through the contract terms, not the disclosure law itself.
What if the seller claims they didn't know about the defect?
Sellers are generally not liable for inaccuracies if they had no prior actual knowledge. Consult with legal counsel to determine if evidence exists to prove the seller’s prior knowledge.
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.