IL HB4322 | 2021-2022 | 102nd General Assembly
Status
Completed Legislative Action
Spectrum: Partisan Bill (Democrat 5-0)
Status: Passed on May 13 2022 - 100% progression
Action: 2022-05-13 - Public Act . . . . . . . . . 102-0765
Text: Latest bill text (Chaptered) [HTML]
Spectrum: Partisan Bill (Democrat 5-0)
Status: Passed on May 13 2022 - 100% progression
Action: 2022-05-13 - Public Act . . . . . . . . . 102-0765
Text: Latest bill text (Chaptered) [HTML]
Summary
Amends the Residential Real Property Disclosure Act. Changes the definition of "seller". Defines "contract". Changes the phrases "disclosure document" and "disclosure statement" to "disclosure report". Provides that if a seller is involved in specified types of transfers, the seller is exempt from the Act, regardless of whether a disclosure report is delivered. Provides that the seller shall deliver to the prospective buyer the written disclosure report before the signing of a contract (rather than before the signing of a written agreement by the seller and prospective buyer that would require the prospective buyer to accept a transfer of the residential real property). Provides that if, prior to closing, any seller becomes aware (rather than has actual knowledge) of an error, inaccuracy, or omission in any prior disclosure report or supplement after delivery of that disclosure report or supplement to a prospective buyer, that seller shall supplement the prior disclosure report. Makes changes to the disclosure report form. Provides that if a seller discloses a material defect in the disclosure report, a prospective buyer, within 5 (rather than 3) business days after receipt of the disclosure report, may terminate the contract. Provides that if a seller discloses a material defect in a supplement to the disclosure, the prospective buyer shall not have a right to terminate unless: (i) the material defect results from an error, inaccuracy, or omission of which the seller had actual knowledge at the time of the prior disclosure; (ii) the material defect is not repairable prior to closing; or (iii) the material defect is repairable prior to closing, but within 5 business days after delivery of the supplemental disclosure, the seller declines, or otherwise fails to agree in writing, to repair the material defect. Allows for the disclosure report to be delivered by email or other electronic delivery. Makes other changes. Effective immediately.
Title
RES REAL PROPERTY DISCLOSURE
Sponsors
| Rep. Curtis Tarver [D] | Rep. Terra Costa Howard [D] | Rep. Jaime Andrade [D] | Sen. Elgie Sims [D] |
| Sen. Patricia Van Pelt [D] |
Roll Calls
2022-03-31 - Senate - Third Reading in Senate (Y: 53 N: 0 NV: 6 Abs: 0) [PASS]
2022-03-03 - House - Third Reading in House (Y: 111 N: 0 NV: 0 Abs: 1) [PASS]
2022-03-03 - House - Third Reading in House (Y: 111 N: 0 NV: 0 Abs: 1) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2022-05-13 | House | Public Act . . . . . . . . . 102-0765 |
| 2022-05-13 | House | Effective Date May 13, 2022 |
| 2022-05-13 | House | Governor Approved |
| 2022-04-28 | House | Sent to the Governor |
| 2022-04-01 | Senate | Added as Alternate Chief Co-Sponsor Sen. Patricia Van Pelt |
| 2022-03-31 | House | Passed Both Houses |
| 2022-03-31 | Senate | Third Reading - Passed; 053-000-000 |
| 2022-03-23 | Senate | Placed on Calendar Order of 3rd Reading March 24, 2022 |
| 2022-03-23 | Senate | Second Reading |
| 2022-03-23 | Senate | Placed on Calendar Order of 2nd Reading |
| 2022-03-23 | Senate | Do Pass Judiciary; 007-000-000 |
| 2022-03-16 | Senate | Assigned to Judiciary |
| 2022-03-04 | Senate | Referred to Assignments |
| 2022-03-04 | Senate | First Reading |
| 2022-03-04 | Senate | Chief Senate Sponsor Sen. Elgie R. Sims, Jr. |
| 2022-03-04 | Senate | Placed on Calendar Order of First Reading |
| 2022-03-04 | Senate | Arrive in Senate |
| 2022-03-03 | House | Third Reading - Short Debate - Passed 111-000-000 |
| 2022-03-02 | House | Placed on Calendar Order of 3rd Reading - Short Debate |
| 2022-03-02 | House | House Floor Amendment No. 1 Adopted |
| 2022-03-02 | House | Added Chief Co-Sponsor Rep. Terra Costa Howard |
| 2022-03-02 | House | House Floor Amendment No. 1 Recommends Be Adopted Judiciary - Civil Committee; 013-000-000 |
| 2022-03-01 | House | House Floor Amendment No. 1 Rules Refers to Judiciary - Civil Committee |
| 2022-02-25 | House | Removed Co-Sponsor Rep. Terra Costa Howard |
| 2022-02-25 | House | Added Co-Sponsor Rep. Terra Costa Howard |
| 2022-02-23 | House | House Floor Amendment No. 1 Referred to Rules Committee |
| 2022-02-23 | House | House Floor Amendment No. 1 Filed with Clerk by Rep. Curtis J. Tarver, II |
| 2022-02-23 | House | Held on Calendar Order of Second Reading - Short Debate |
| 2022-02-23 | House | Removed from Consent Calendar Status Rep. Curtis J. Tarver, II |
| 2022-02-17 | House | Held on Calendar Order of Second Reading - Consent Calendar |
| 2022-02-17 | House | Second Reading - Consent Calendar |
| 2022-02-15 | House | Added Co-Sponsor Rep. Jaime M. Andrade, Jr. |
| 2022-02-09 | House | Placed on Calendar 2nd Reading - Consent Calendar |
| 2022-02-02 | House | Do Pass / Consent Calendar Judiciary - Civil Committee; 015-000-000 |
| 2022-01-25 | House | Assigned to Judiciary - Civil Committee |
| 2022-01-05 | House | Referred to Rules Committee |
| 2022-01-05 | House | First Reading |
| 2022-01-03 | House | Filed with the Clerk by Rep. Curtis J. Tarver, II |
Code Citations
| Chapter | Article | Section | Citation Type | Statute Text |
|---|---|---|---|---|
| 765 | 77 | 15 | Amended Code | Citation Text |
| 765 | 77 | 20 | Amended Code | Citation Text |
| 765 | 77 | 30 | Amended Code | Citation Text |
| 765 | 77 | 35 | Amended Code | Citation Text |
| 765 | 77 | 40 | Amended Code | Citation Text |
| 765 | 77 | 45 | Amended Code | Citation Text |
| 765 | 77 | 5 | Amended Code | Citation Text |
| 765 | 77 | 50 | Amended Code | Citation Text |
| 765 | 77 | 55 | Amended Code | Citation Text |
