Separating preparation work from repairs that need professional review
Categorize home improvements into elective preparation and mandatory repairs to effectively manage your Illinois property sale and disclosure duties.
The short answer
Distinguish between aesthetic preparation and structural repairs by identifying conditions that constitute material defects under the Residential Real Property Disclosure Act. While you are not required to perform investigations, you must disclose known issues. Focus preparation on surface-level improvements, and seek licensed professional review for any system that could impact property value or health and safety.
Classifying Maintenance versus Material Defects
A material defect is any condition significantly impairing health or safety or substantially affecting value. Cleaning or painting is preparation; addressing a faulty furnace or water infiltration is a repair. Only the latter must be disclosed as a material defect if you have actual knowledge of the condition.
Utilizing Licensed Professionals for Disclosure Accuracy
To avoid liability, rely on licensed professionals for repairs. You are not liable for inaccuracies if you base your disclosure on information provided by these professionals. When preparing your home, document all professional repairs to provide a clear history for potential buyers, which may resolve future questions.
Managing Radon and Environmental Risks
Radon testing should be performed by an IEMA-OHS licensed professional. If you suspect an environmental issue like lead-based paint or radon, do not attempt to 'fix' it with basic preparation. Engaging a professional ensures that any necessary remediation is done according to state and federal standards.
Decision Worksheet: Repair vs. Prep Assessment
Example Worksheet: 1. List every planned improvement. 2. Ask: Does this affect health, safety, or value? 3. If yes, hire a licensed professional. 4. If no, proceed with cosmetic preparation. 5. Retain all professional receipts and reports as part of your disclosure packet.
Checklist
- Audit property for signs of health or safety concerns.
- List all necessary repairs requiring licensed contractors.
- Review your property for lead-based paint if built before 1978.
- Schedule an IEMA-OHS licensed radon test if needed.
- Ask a real estate professional about standard local prep expectations.
Common questions
Am I required to fix all defects before selling?
The Residential Real Property Disclosure Act does not require you to fix defects; it requires that you disclose those of which you have actual knowledge.
Should I disclose a defect if I think I fixed it?
You are not liable for omissions based on a reasonable belief that a defect was corrected, but providing documentation of the professional repair is recommended.
Sources
- Illinois Residential Real Property Disclosure ActChecked October 12, 2026
- IEMA-OHS — Real estate radon guidanceChecked October 12, 2026
- IRS Publication 523 — Selling Your HomeChecked October 12, 2026
- EPA — Real estate lead-hazard disclosuresChecked October 12, 2026
- SQFT IO — Listing plans and termsChecked 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.