Q: we purchased home as is in Illinois based on disclosure form stating that there was no leaks.
the form had been checked stating there was leaks, then marked through indicating no leaks. do I need to find out if seller had been advised by her agent to change statement or did she do so on her own. Very evident that attempted repairs had been made over the 28 years seller had owned property. Do I have grounds to ask for or demand restitution to correct problem.
A:
Here is the Illinois Compiled Statute (765 ILCS 77/55)
Sec. 55. Violations and damages. If the seller fails or refuses to provide the disclosure document prior to the conveyance of the residential real property, the buyer shall have the right to terminate the contract. A person who knowingly violates or fails to perform any duty prescribed by any provision of this Act or who discloses any information on the Residential Real Property Disclosure Report that he knows to be false shall be liable in the amount of actual damages and court costs, and the court may award reasonable attorney fees incurred by the prevailing party.
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