Legal Question in Real Estate Law in Illinois

I know that some states/counties require the SELLER of a property to have a septic inspection done prior to the finalization of the sale of that property. If problems are found, it is the SELLER'S responsibility to fix those problems before the property can be transferred to the new owners. Does anyone know if Illinois has such a law in place? I am in the process of trying to buy a foreclosed farmhouse that is on septic. The bank knows nothing about any of the utilities and the house has been vacant for several years. A law like this sure would make things easier!


Asked on 4/20/12, 9:07 pm

3 Answers from Attorneys

Henry Repay Law Offices of Henry Repay

There is not a statewide requirement, but there may be local requirements. More relevant, perhaps, is that it is usually a matter covered in the contract and done so because the lender will require the inspection upon a determination that the property has a well or septic. A closing attorney familiar with local practice should be advising you and protecting your interests, including clear title.

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Answered on 4/21/12, 4:32 am

Mr. Repay is correct with one exception that unfortunately doesn't apply. Illinois does have a law that requires sellers to disclose whether various systems in a residential property suffer from any "major defects" but if the property has been vacant for more than a year then the seller is not required to complete those questions. (Illinois Residential Real Estate Disclosure Law). And even if sellers do have to complete the form, "wise" buyers still hire inspectors as their primary resource.

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Answered on 4/21/12, 12:37 pm


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