Legal Question in Real Estate Law in Illinois
Real Estate Disclosure..what if no form was given to buyer?
It looks like we may not have ever received a real estate disclosure form for the purcahse of our house. In addition to our having never rec'd the disclosure statement, it appears (but yet to be full determiend) that the broker may not have ever prepared one for the seller. As it turns out,our house is now having quite a few problems that will cost us thousands of dollars to repair. What kind of legal recourse do I have since the repairs to be done relate directly to the disclosure form? What liability do the broker and the seller have for the damage we are incurring?
2 Answers from Attorneys
Re: Real Estate Disclosure..what if no form was given to buyer?
The answer to your question does not depend totally upon the Real Estate Settlement Procedures Act. It also depends on the year your contract closed and the terms of your real estate contract. Statutes of limitation may apply and also you may be barred from certain causes of actions under the doctrine of merger.
It is difficult to speculate without all the facts. In general, however, you are entitled to the RESPA HUD-1 at closing and you may be entitled to at least nominal damages plus attorneys fees if you did not get one. Your claim would be against the closing agent. Most closing agents insist on your signing the HUD-1 and I'm sure your lender would as well as a condition of disbursing your mortgage.
Further information is required to evaluate your case.
Re: Real Estate Disclosure..what if no form was given to buyer?
There are many different possibilities. Because the seller never gave you the disclosure form, he broke the law. You only have one year from the date of occupation/recording of deed to go after him. However, there are many other issues you can raise also such as fraud, misrepresentation, etc. You need to see an attorney and ascertain for sure what your legal remedies are.
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