Property owners who live in Florida decide to sell the Illinois duplex they own. The property has been managed by a property manager. Their listing agent tells the owners they must complete a Residential Real Property Disclosure Report in compliance with the Illinois Residential Real Property Disclosure Act, but they do not know anything about the current condition of the property. What should the property owners do?
Fill out the form to the best of their knowledge.
Property owners are required to disclose known defects and conditions of the property to potential buyers, even if they are out of state. By completing the Residential Real Property Disclosure Report to the best of their knowledge, they fulfill their legal obligation and protect themselves from future liability related to undisclosed issues.
Choosing not to fill out the form based on their out-of-state status does not relieve property owners of their legal responsibilities under Illinois law. Regardless of their location, they are still required to provide accurate disclosures about the property, as failing to do so could lead to legal complications.
While the listing agent can assist in the selling process, they cannot complete the disclosure form on behalf of the property owners without the owners' knowledge of the property's condition. It is ultimately the owners' responsibility to disclose what they know about the property, and they cannot delegate this duty entirely to their agent.
Although hiring a certified inspector to assess the property is a good step, the final disclosure report must still be filled out by the property owners based on their knowledge. The inspector can provide valuable information, but the owners must ensure that the disclosure reflects their awareness of the property's condition.
Property owners must take responsibility for completing the Residential Real Property Disclosure Report to the best of their knowledge, regardless of their location or management situation. This proactive approach not only complies with legal requirements but also safeguards against potential disputes with buyers in the future. By being transparent about the property's condition, owners can foster trust and facilitate a smoother transaction process.
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