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HB 2559

REAL PROP DISCLSOURE-ROOF AGE

104th Regular Session Introduced by Dee Avelar

Sellers must state the roof’s age on the residential disclosure form, based on their knowledge, to inform buyers before signing; it’s not a warranty.

Rule 19(a) / Re-referred to Rules Committee
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Bill Summary · HB 2559

Summary — HB 2559: Real Property Disclosure — Roof Age (Residential Real Property Disclosure Act)

Status: Enacted (Governor signed 6/20/2025) — Effective 9/1/2025
Primary sponsor: Rep. Dagmara Avelar
Statute amended: Residential Real Property Disclosure Act, 765 ILCS 77/35
Companion: SB 1882

Purpose

HB 2559 adds a required disclosure about the age of a property's roof to the standard Residential Real Property Disclosure Report. The change is intended to give prospective buyers clearer, standardized information about roof condition/age to inform purchase decisions.

Key provisions

  • Amends Section 35 of the Residential Real Property Disclosure Act (765 ILCS 77/35).
  • Inserts a line on the mandated Residential Real Property Disclosure Report requiring the seller to state: “I am aware that the roof of this property is ____ years old.” (seller fills in numeric age).
  • The seller’s responses on the disclosure form remain obligations based on the seller’s actual knowledge or actual notice, and are not warranties.
  • The form (and existing statute) continues to require delivery of the disclosure to the prospective buyer before signing the contract and preserves the seller’s continuing obligation to disclose material defects known to the seller.

Who is affected

  • Sellers of residential real property in Illinois who must complete and provide the statutory disclosure report.
  • Prospective buyers who will receive the additional roof-age information prior to entering a contract.
  • Real estate agents and title companies that handle disclosures and transactional documentation.
  • Potentially insurers, lenders, and home inspectors who may rely on or verify disclosed information.

Procedural/timeline notes

  • Introduced: February 4–7, 2025 (various chamber entries).
  • Passed both chambers in May 2025; enrolled and transmitted to Governor; signed into law 6/20/2025.
  • Effective date: September 1, 2025.

Practical and legal considerations

  • The requirement asks for seller knowledge (not an independent inspection); sellers may need to estimate or research roof installation/age to respond accurately.
  • The amendment does not convert disclosures into warranties, but inaccurate or deceptive disclosures may expose sellers to post‑closing claims under existing consumer protection or disclosure laws.
  • The change is limited in scope — it supplements an existing multi‑item disclosure form rather than imposing inspection, repair, or financing mandates.

Compiled from official sources — confirm details with the bill’s official record.

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