Preparing questions about disclosure exemptions for an attorney
Gather the right questions to discuss with your legal counsel regarding Illinois property disclosure exemptions and your specific transaction status.
The short answer
Exemptions from the Illinois Residential Real Property Disclosure Act are specific and require legal verification. Common scenarios include court-ordered transfers, transfers between co-owners, or sales of never-occupied new construction. Because these exemptions impact your legal obligations, you should prepare detailed questions for your attorney to ensure you are in compliance and fully understand your liability risks.
Documenting Your Transfer Scenario
Clearly define the nature of your transaction. Are you selling as part of a divorce settlement, or are you a developer selling a brand-new, never-lived-in home? These details determine if an exemption applies.
Worksheet: Draft a brief summary of your transaction type and list the specific parties involved, such as co-owners or court representatives.
Drafting Questions on Statutory Exemptions
Focus your questions on the specific language of the Act. Ask your attorney how the law interprets your specific circumstance, particularly if it involves an unusual transfer structure.
Worksheet: Write down: 'Does my transaction qualify as a transfer between co-owners? If so, does that automatically exempt me from the disclosure requirements?'
Understanding Liability under Exemptions
Even if you are exempt from the formal disclosure process, ask your attorney about your residual liability. Does being exempt remove all risks related to misrepresentation or common law fraud?
Worksheet: Ask: 'If I am exempt from the statutory disclosure, am I still responsible for disclosing known defects under common law fraud principles?'
Seeking Attorney Guidance on Process
Your attorney can provide guidance on how to properly document your exempt status. This protects you from potential legal claims or arguments from a buyer after the closing has occurred.
Worksheet: Ask: 'What documentation do I need to preserve to prove this transaction was exempt from the Residential Real Property Disclosure Act?'
Checklist
- Gather all transaction documentation for attorney review.
- List the specific circumstances of the property transfer.
- Draft five specific questions regarding your potential exemption.
- Discuss the risks of common law fraud despite statutory exemptions.
- Request a summary of required proof to support your exempt status.
Common questions
Is a court-ordered transfer always exempt from the disclosure requirement?
Many court-ordered transfers have exemptions, but you must verify the specific legal criteria for your case with an attorney.
How do I prove that a new home was never occupied?
You should maintain building permits, occupancy certificates, and utility records to support your status as never-occupied new construction.
Sources
- Illinois Residential Real Property Disclosure ActChecked October 12, 2026
- Illinois Condominium Property Act — 2025 editionChecked October 12, 2026
- IEMA-OHS — Real estate radon guidanceChecked October 12, 2026
- EPA — Real estate lead-hazard disclosuresChecked 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.