Illinois Mold Disclosure Requirements

Key points

• Illinois has no mold-specific disclosure law
• The statutory form names radon, asbestos, lead and mine subsidence as their own checkbox items — mold is not named, so it is disclosed under the general material-defect duty
• The Residential Real Property Disclosure Act (765 ILCS 77) governs material defects
• Known water intrusion and mold history are generally disclosable
• The disclosure form asks about flooding and material defects
• Concealment can support a claim after closing
• Documentation protects sellers as much as buyers

What a seller should actually do

• Answer the Residential Real Property Disclosure Report honestly. The form asks about flooding, recurring leakage and material defects in the basement or foundation — a known mold problem sits inside those questions even though mold is never named on the form.
• If you remediated, keep the invoice, the scope of work and the independent clearance test. Disclosed-and-fixed is a far stronger position than undisclosed-and-discovered.
• If you genuinely do not know whether a past water event left a problem, testing before listing converts an unknown into a documented fact you can disclose accurately.
• Do not paint over staining before a showing. If a buyer's inspector finds evidence of concealment, the conversation stops being about mold and starts being about the disclosure.

References

Common questions