Separating radon disclosure from a promise that a building is safe
Learn to manage Illinois real estate disclosures properly by distinguishing mandatory reporting from unofficial warranties of property safety.
The short answer
In Illinois, providing a radon disclosure is a legal requirement that informs buyers of known information, but it does not constitute a warranty or a guarantee that a building is safe. Sellers must avoid implying that disclosed data equates to a promise of future safety, as disclosures are designed for transparency, not as a substitute for professional inspections.
Disclosure Versus Warranty
A disclosure report is not a guarantee. Sellers must understand that reporting known conditions is distinct from promising that the property is free of all defects.
Decision Worksheet: Review your disclosure documents to ensure you have not included any language suggesting the home is 'guaranteed' to be safe.
Limiting Scope of Representations
The law defines material defects as conditions that impair health or safety. However, the report itself is not a legal warranty by the seller.
Planning Example: When speaking with a buyer, use phrases like 'To my knowledge, the property is in the condition noted in the report,' rather than 'I promise the property is safe.'
Managing Buyer Expectations
Buyers often assume a house is safe because no major defects were disclosed. You should encourage them to perform their own independent inspections.
Decision Worksheet: Prepare a list of recommended licensed inspectors you can suggest to the buyer, allowing them to verify the property's condition for themselves.
Documenting Only What You Know
You are only responsible for disclosing material defects of which you have actual knowledge. You are not liable for defects you do not know about.
Planning Example: If you are uncertain about a condition, do not guess. Consult with a legal professional to ensure your disclosure accurately reflects your actual knowledge level.
Checklist
- Review disclosure language to ensure no warranty claims are made.
- Separate factual disclosures from personal opinions about property safety.
- Encourage buyers to hire their own independent inspectors.
- Clarify that disclosures are not a guarantee of future conditions.
- Consult legal counsel if you are unsure about the wording in your disclosure.
Common questions
Does filling out the radon disclosure form mean I am liable if radon is found later?
Generally, you are not liable for inaccuracies if you had no knowledge of the defect at the time of disclosure.
Can I simply say the house is 'safe' to avoid further questioning?
No. Describing a property as 'safe' could be seen as an informal warranty. Stick to reporting the facts as you know them.
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.