Preparing questions about buying a property in its current condition
Master the art of evaluating property condition in Illinois by using targeted inquiries regarding disclosures and material defects before you commit.
The short answer
Buying a property in its current condition requires a thorough review of the seller’s disclosure report. You must identify known material defects—conditions that significantly impair health, safety, or value. Since sellers are not required to investigate, your questions should focus on their actual knowledge and documentation of past repairs or professional reports.
Evaluating the Disclosure Report
Sellers in Illinois must provide a written disclosure for 1-4 unit residential properties. This document is not a warranty. It only lists defects the seller has actual knowledge of. If the seller omits a defect they didn't know about, they are typically not held liable.
Planning Example: If the seller reports a basement leak that was 'fixed,' ask for the invoice from the contractor to verify it was performed by a professional.
Identifying Material Defects
A material defect affects the health, safety, or value of the home. Focus your research on these areas. If you discover a significant issue after signing, you may have termination rights within 5 business days, though this is restricted if the defect was repairable or previously disclosed.
Ask the seller: Have you received any notice of code violations or insurance claims regarding this property?
Professional Inspections vs. Disclosures
Do not rely solely on the disclosure report. The Act specifically notes that the report does not limit your ability to inspect the property. Use a licensed professional to evaluate conditions that are not visible or where the seller’s knowledge may be limited.
Worksheet: List all systems (HVAC, roof, foundation) and grade them based on the disclosure report versus your own independent inspection.
Supplemental Disclosures
If a seller becomes aware of a new defect after providing the initial report, they must provide a supplement. Monitor these updates closely. If a major issue appears late in the process, understand that your termination rights are limited once conveyance occurs.
Ask your attorney: What are the specific timelines for exercising termination rights upon receipt of a supplemental disclosure?
Checklist
- Obtain the signed Residential Real Property Disclosure.
- Review the report for known health and safety defects.
- Compare disclosure notes against independent inspection findings.
- Request records of past professional repairs.
- Verify if any supplemental disclosures were provided.
Common questions
What if the seller says they have no knowledge of a defect?
Unless you have evidence they knowingly provided false information, they are not liable under the Act. Your independent inspection is your best protection.
Does 'as-is' mean I cannot ask for repairs?
No. 'As-is' simply means the seller isn't offering a warranty. You can still negotiate repairs or price reductions based on your findings.
Sources
- CFPB — Buying a houseChecked October 12, 2026
- CFPB — Loan Estimate explainerChecked October 12, 2026
- Illinois Residential Real Property Disclosure ActChecked October 12, 2026
- Illinois Department of Revenue — Property tax overviewChecked 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.