Legal Question in Real Estate Law in Illinois
diclosure report
In filling out the disclosure sheet there is a question that ask if there is any material defects in the electrical system that would have an adverse effect on the value of the property or impair the health or safety of future occupants.. To the best of my knowledge there is not, except for the location. I understand that the codes of today would not allow this location (Located in bathroom). Should i state this fact on the report?
2 Answers from Attorneys
Re: diclosure report
From what you said I think the answer has to be no. A consumer selling his/her house surely isn't expected to know municipal codes.
Re: diclosure report
I don't think there's a set answer to this one except that, in general, more disclosure is better than less. Perhaps there's a safety concern locating the electrical box near water.
On the other hand, it's obvious to anyone looking at it what the location of the electrical box is. So is it necessary to point out the obvious? There may be some cases interpreting this, but without researching it further, it's hard to know if you actually have a legal duty to raise an issue like that on the disclosure form.
Again, I come back to the principle that more disclosure is better than less (you're better protected in case the buyer were to come back after the closing and claim you should have disclosed this). So maybe you disclose it and then explain on the disclosure form that there are no problems with the electrical that you know of but that the placement is unusual and that you were only pointing that out, in effect.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
