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 any known defects or issues with their property, even if they live out of state. By completing the Residential Real Property Disclosure Report to the best of their knowledge, they fulfill their legal obligations while taking into account their lack of direct knowledge about the property's current condition.
Not completing the form simply based on their out-of-state residency does not absolve the property owners of their responsibility to disclose known information about the property. The Illinois Residential Real Property Disclosure Act applies to all property owners, regardless of their place of residence.
While the listing agent can assist in the process, they are not responsible for disclosing the property’s condition on behalf of the owners. The owners must provide accurate information based on their own knowledge or arrange for a proper inspection to inform their disclosures.
Although hiring a certified inspector is a prudent step to uncover any hidden issues, the property owners themselves must still fill out the form based on the inspector's findings. The inspector can provide information, but the owners must ensure the form is completed accurately.
In summary, the property owners should complete the Residential Real Property Disclosure Report to the best of their knowledge, as this is a legal obligation that allows them to disclose any known defects. While they may lack firsthand knowledge, they can still provide information based on their awareness of the property’s condition, thereby complying with state regulations and protecting both themselves and potential buyers.
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