Did you know that mold disclosure forms are not required by Illinois law in real estate transactions?
Many buyers are surprised to hear this, but there are no specific statutory requirements for sellers to provide regarding disclosure of mold. There is no state or federal requirement to do so.
For many years, Illinois REALTORS® did offer their own mold disclosure forms despite the fact that there is no law.
During the past year though, Illinois REALTORS® have stopped offering the form on their website. According to Illinois REALTORS® Legal Hotline Attorney Betsy Urbance, the form was been dropped from their website after a legal review.
“… Mold disclosure or notice introduces ambiguity into the transaction while also taking the focus off what are truly the important issues to the parties.”
Illinois REALTORS® does not support these forms any longer and requests you remove them from your individual forms folder and discontinue use of them.
Three main reasons were given for the removal of mold disclosure forms:
- There are no state or federal statutory requirements that sellers provide mold disclosure forms.
- There is no set scientific standard for what constitutes acceptable or unacceptable levels of mold in a structure.
- There are existing disclosure rules which require homeowners to disclose underlying physical defects in a property.
Disclosure of lead paint is required by federal law since 1992. Radon disclosure is required by the Illinois Radon Awareness Act.
In the case of mold, there is no legislation specific disclosure law. There is, however, the Residential Real Property Disclosure Act, which requires a seller to disclose any known physical defects, including issues involving moisture, which would lead to issues with mold.
If you are uncertain of your legal obligations, you should consult an attorney specializing in real estate law.
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