Legal Question in Real Estate Law in Illinois

disclosure question

On the disclosure sheet I checked that the electricity was okay. It is located in the bathroom. Is it correct location, not sure, is it safe, not sure. Does it work, yes with no problems, (been there 40 years) The buyer wanted a home inspection then decided not to. My agent pointed out the location to the buyers friend who is an agent herself and told her that they ought to have the amps checked to see if it would be adequate for their future plans. Did not seem to care. The actual buyer has done nothing. Not sure he even knows the location. If he does a walk thru i will point it out. If the buyer decide to remodel and finds out that he would have to do something with it or what ever can he come back on me for the cost ? Thanks for any feed back you can give? I will ask my attorney but i just wanted someone elses thoughts.

Thank you


Asked on 6/12/08, 9:55 pm

1 Answer from Attorneys
Nicholas Chrisos Nicholas G. Chrisos Attorney at Law

Re: disclosure question

I think I already tried to answer this question. I think you're OK but I tried to briefly reasearch it and came up empty-handed. The questions are, "Is this a defect?" and "Does the Seller have to disclose patent (obvious) defects?" I think the answers are "No" and "Yes", but I'm not 100% sure.

In any case, since it wasn't disclosed on the Disclosure form, it probably makes sense to point it out at the walk-through. But I'm not really sure it's a defect just because it would have to be relocated if they remodel. Therefore, it's doubtful they'd be able to successfully sue you afterwards. BTW, the statute of limitations for disclosure-related items is one year after the closing.

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Answered on 6/13/08, 3:35 pm


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