Chapter 765 — PROPERTY

(765 ILCS 67/999) Sec. 999. Effective date. This Act takes effect January 1, 2018. (Source: P.A. 100-416, eff. 1-1-18.)

(765 ILCS 70/0.01) (from Ch. 29, par. 8.10) Sec. 0.01. Short title. This Act may be cited as the Dwelling Structure Contract Act. (Source: P.A. 86-1324.)

(765 ILCS 70/1) (from Ch. 29, par. 8.11) Sec. 1. As used in this Act, unless the context requires otherwise: (a) "Single dwelling unit" means any apartment, efficiency apartment, kitchenette apartment, sleeping room, dwelling room or any other portion of any building or structure…

(765 ILCS 70/2) (from Ch. 29, par. 8.12) Sec. 2. After the effective date of this Act all contracts for the sale of a dwelling structure may be recorded or registered with the recorder or the Registrar of Titles in the same manner as a deed or other document relating to the title…

(765 ILCS 70/3) (from Ch. 29, par. 8.13) Sec. 3. This Act shall not affect the validity of any contract executed before the effective date of this Act. (Source: Laws 1967, p. 1992.)

(765 ILCS 75/0.01) (from Ch. 29, par. 8.20) Sec. 0.01. Short title. This Act may be cited as the Dwelling Unit Installment Contract Act. (Source: P.A. 86-1324.)

(765 ILCS 75/1) (from Ch. 29, par. 8.21) Sec. 1. As used in this Act, unless the context requires otherwise: (a) "Family unit" means any person maintaining a household, or 2 or more persons maintaining a common household. A person is deemed to be maintaining a household even thou…

(765 ILCS 75/2) (from Ch. 29, par. 8.22) Sec. 2. After the effective date of this Act, any installment contract for the sale of a dwelling structure shall be voidable at the election of the buyer unless there is attached to the contract or incorporated therein a certificate of co…

(765 ILCS 77/1) Sec. 1. Short title. This Act may be cited as the Residential Real Property Disclosure Act. (Source: P.A. 88-111.)

(765 ILCS 77/10) Sec. 10. Except as provided in Section 15, this Act applies to any transfer by sale, exchange, installment land sale contract, assignment of beneficial interest, lease with an option to purchase, ground lease, or assignment of ground lease of residential real pro…

(765 ILCS 77/15) Sec. 15. Seller exemptions. A seller in any of the following transfers is exempt from this Act, regardless of whether a disclosure report is delivered: (1) Transfers pursuant to court order, including, but not limited to, transfers ordered by a probate court in a…

(765 ILCS 77/20) Sec. 20. Disclosure report requirements. A seller of residential real property shall complete all items in the disclosure report described in Section 35. The seller shall deliver to the prospective buyer the written disclosure report required by this Act before t…

(765 ILCS 77/25) Sec. 25. Liability of seller. (a) The seller is not liable for any error, inaccuracy, or omission of any information delivered pursuant to this Act if (i) the seller had no knowledge of the error, inaccuracy, or omission, (ii) the error, inaccuracy, or omission w…

(765 ILCS 77/30) Sec. 30. Disclosure report supplement. If, prior to closing, any seller becomes aware of an error, inaccuracy, or omission in any prior disclosure report or supplement after delivery of that disclosure report or supplement to a prospective buyer, that seller shal…

(765 ILCS 77/35) Sec. 35. Disclosure report form. The disclosures required of a seller by this Act shall be made in the following form: RESIDENTIAL REAL PROPERTY DISCLOSURE REPORT NOTICE: THE PURPOSE OF THIS REPORT IS TO PROVIDE PROSPECTIVE BUYERS WITH INFORMATION ABOUT MATERIAL …

(765 ILCS 77/40) Sec. 40. Material defect. (a) If a seller discloses a material defect in the Residential Real Property Disclosure Report, including a response to any statement that is answered "yes" except numbers 1 and 2, and, in violation of Section 20, it is delivered to the …

(765 ILCS 77/45) Sec. 45. Other law. This Act is not intended to limit remedies or modify any obligation to disclose created by any other statute or that may exist in common law in order to avoid fraud, misrepresentation, or deceit in the transaction. (Source: P.A. 102-765, eff. …

(765 ILCS 77/5) Sec. 5. Definitions. As used in this Act, unless the context otherwise requires, the following terms have the meaning given in this Section: "Residential real property" means real property improved with not less than one nor more than 4 residential dwelling units;…

(765 ILCS 77/50) Sec. 50. Delivery of disclosure report. Delivery of the Residential Real Property Disclosure Report provided by this Act shall be by: (1) personal delivery or facsimile, email, or other electronic delivery to the prospective buyer at the contact information provi…

(765 ILCS 77/55) Sec. 55. Violations and damages. If the seller fails or refuses to provide the disclosure report prior to the conveyance of the residential real property, the prospective buyer shall have the right to terminate the contract. A seller who knowingly violates or fai…

(765 ILCS 77/60) Sec. 60. No action for violation of this Act may be commenced later than one year from the earlier of the date of possession, date of occupancy, or date of recording of an instrument of conveyance of the residential real property. (Source: P.A. 88-111.)

(765 ILCS 77/65) Sec. 65. A copy of Sections 5 through 65 of Article 2 of this Act, excluding Section 35, must be printed on or as a part of the Residential Real Property Disclosure Report form. (Source: P.A. 102-765, eff. 5-13-22.)

(765 ILCS 77/70) Sec. 70. Predatory lending database program. (a) As used in this Article: "Adjustable rate mortgage" or "ARM" means a closed-end mortgage transaction that allows adjustments of the loan interest rate during the first 3 years of the loan term. "Borrower" means a p…

(765 ILCS 77/72) Sec. 72. Originator; required information. As part of the predatory lending database program, the broker or originator must submit all of the following information for inclusion in the predatory lending database for each loan for which the originator takes an app…

(765 ILCS 77/73) Sec. 73. Standards for counseling. A borrower or borrowers subject to this Article shall be recommended for counseling if, after reviewing the information in the predatory lending database submitted under Section 72, the Department finds the borrower or borrowers…

(765 ILCS 77/74) Sec. 74. Counselor; required information. As part of the predatory lending database program, a counselor must submit all of the following information for inclusion in the predatory lending database: (1) The information called for in items (1), (6), (9), (11), (12…

(765 ILCS 77/76) Sec. 76. Title insurance company or closing agent; required information. As part of the predatory lending database program, a title insurance company or closing agent must submit all of the following information for inclusion in the predatory lending database: (1…

(765 ILCS 77/78) Sec. 78. Exemption. Borrowers applying for reverse mortgage financing of residential real estate including under programs regulated by the Federal Housing Administration (FHA) that require HUD-approved counseling are exempt from the program and may submit a HUD c…

(765 ILCS 77/80) Sec. 80. Predatory Lending Database Program Fund. The Predatory Lending Database Program Fund is created as a special fund in the State treasury. Subject to appropriation, moneys in the Fund shall be appropriated to the Illinois Housing Development Authority for …

(765 ILCS 77/99) Sec. 99. This Act takes effect on October 1, 1994. (Source: P.A. 88-111.)

(765 ILCS 80/0.01) (from Ch. 110 1/2, par. 100) Sec. 0.01. Short title. This Act may be cited as the Real Estate Sale Validation Act. (Source: P.A. 86-1324.)

(765 ILCS 80/1) (from Ch. 110 1/2, par. 101) Sec. 1. Any otherwise valid sale or mortgage of real estate by an executor, administrator, guardian or conservator which was consummated before the effective date of this Act is effective and valid notwithstanding the failure of such e…

(765 ILCS 95/1) (from Ch. 30, par. 1001) Sec. 1. Short title. This Act may be cited as the Mine Subsidence Disclosure Act. (Source: P.A. 86-236.)

(765 ILCS 95/2) (from Ch. 30, par. 1002) Sec. 2. Definitions. In this Act: (a) "Lender" means an individual or any other entity that advances funds secured by an interest in real property or secured by a collateral assignment of a beneficial interest in an Illinois land trust hol…

(765 ILCS 95/3) (from Ch. 30, par. 1003) Sec. 3. Disclosure. (a) At the time an agreement to transfer real property is made, the transferor shall disclose in writing to the transferee and lender all insurance claims paid to the transferor for mine subsidence on the real property.…

(765 ILCS 95/4) (from Ch. 30, par. 1004) Sec. 4. Damages. If a transferor fails to make the disclosures required by this Act or if a transferor knowingly makes a false disclosure, the transferee and the lender may each recover from the transferor in a civil action any actual dama…

(765 ILCS 105/0.01) (from Ch. 17, par. 3630) Sec. 0.01. Short title. This Act may be cited as the Building and Loan Mortgage Release Act. (Source: P.A. 86-1324.)

(765 ILCS 105/1) (from Ch. 17, par. 3631) Sec. 1. That in all cases where associations have been formed in this state under "An act to enable associations or persons to become a body corporate to raise funds to be loaned only among the members of such association," in force July …

(765 ILCS 105/2) (from Ch. 17, par. 3632) Sec. 2. All releases of trust deeds made in accordance with the foregoing section shall be held and esteemed as of the same value and significance as if they had been made and executed by the person named as trustee in said trust deeds. (…

(765 ILCS 110/0.01) (from Ch. 17, par. 3642.9) Sec. 0.01. Short title. This Act may be cited as the Building and Loan Deed Validation Act. (Source: P.A. 86-1324.)

(765 ILCS 110/1) (from Ch. 17, par. 3643) Sec. 1. When any association heretofore organized under any law of this state providing for the incorporation of building, loan and homestead associations has gone into voluntary liquidation under any law of this state and there has heret…

(765 ILCS 115/0.01) (from Ch. 30, par. 182.9) Sec. 0.01. Short title. This Act may be cited as the Property of Unincorporated Associations Act. (Source: P.A. 86-1324.)

(765 ILCS 115/1) (from Ch. 30, par. 183) Sec. 1. Power to own real estate. Any unincorporated lodge or subordinate body of any society or order which is duly chartered by its grand lodge or body may take, hold, or convey real estate for its own use and benefit, by lease, purchase…

(765 ILCS 115/2) (from Ch. 30, par. 184) Sec. 2. Procedure to effect acts of ownership over real estate. The presiding officer of such lodge or subordinate body, together with the secretary or officer keeping the records thereof, may execute mortgages and execute or receive conve…

(765 ILCS 115/3) (from Ch. 30, par. 185) Sec. 3. Power to sue and defend. Such lodge or subordinate body in and under its own name and number has the power to sue and be sued, complain and defend in all actions concerning its real estate. (Source: Laws 1949, p. 597.)

(765 ILCS 120/0.01) (from Ch. 30, par. 400) Sec. 0.01. Short title. This Act may be cited as the Real Property Conservation Rights Act. (Source: P.A. 86-1324.)

(765 ILCS 120/1) (from Ch. 30, par. 401) Sec. 1. (a) A conservation right is a right, whether stated in the form of a restriction, easement, covenant or condition, or, without limitation, in any other form in any deed, will, plat, or without limitation any other instrument execut…

(765 ILCS 120/2) (from Ch. 30, par. 402) Sec. 2. Any owner of real property in this State may convey a conservation right in such real property to the United States or any agency of the federal government, to an agency of the State, to a unit of local government, to a federally r…

(765 ILCS 120/3) (from Ch. 30, par. 403) Sec. 3. For the purposes of this Act the word "owner" shall include not only the owner of fee simple title, but also the owner of any other interest in the land, including, without limitation, a contract purchaser, a lessee, and a life ten…

(765 ILCS 120/4) (from Ch. 30, par. 404) Sec. 4. A conservation right created pursuant to this Act may be enforced in an action seeking injunctive relief, specific performance, or damages in the circuit court of the county in which the area, place, building, structure or site is …