Can I Sue a Seller for Failing to Disclose Defects in Illinois?

 Posted on February 16, 2026 in Uncategorized

You can sue a seller in Illinois if they failed to disclose known defects that affect the home’s value or safety. Illinois law requires sellers to complete a written disclosure form, and giving false information or leaving out known problems can make the seller legally responsible for your losses.

This is a common issue in residential real estate. According to a 2025 National Association of Realtors report, 23 percent of buyers said they faced unexpected repairs after closing, which shows how often defects are undisclosed before a sale.

If you discover serious problems after buying a home in 2026, our Wheaton, IL residential real estate lawyer can help determine whether the seller broke the law.

What Defects Must Real Estate Sellers Disclose Under Illinois Law?

Illinois law requires sellers to fill out a disclosure form under the Illinois Residential Real Property Disclosure Act. This law applies to most homes with one to four residential units.

The seller must disclose material defects. A material defect is a serious problem that affects the home’s safety, value, or ability to be lived in. Sellers must answer honestly based on what they actually know at the time.

Common defects that must be disclosed include:

• Structural damage or foundation cracks
• Roof leaks or ongoing water problems
• Flooding or drainage issues
• Electrical or plumbing system defects
• Mold problems
• Heating or air conditioning system failures

If a seller knowingly gives false answers or hides a known defect, they can be held responsible under Illinois law.

When Can You Sue a Real Estate Seller for Hiding Defects in Illinois?

If a seller hides or lies about a defect, you may have the right to sue for financial compensation. Under 765 ILCS 77/55, sellers who violate disclosure rules can be required to pay for the buyer’s actual damages and legal costs.

To bring a successful claim, you generally must show that the seller knew about the defect and did not disclose it. You also have to show that you suffered financial harm as a result.

For example, if a seller knew the basement flooded during heavy rain but failed to disclose it, and you later paid for repairs, you may have a valid legal claim.

Can You Sue a Seller if the House Was Sold "As Is" in Illinois?

Selling a home "as is" does not remove the seller’s duty to disclose known defects. Illinois law still requires honest disclosure, even when the buyer agrees to accept the property in its current condition.

"As is" language mainly protects sellers from responsibility for problems they truly did not know about. It does not protect sellers who intentionally hide defects.

What Is the Deadline to Sue a Real Estate Seller for Nondisclosure in Illinois?

Illinois law sets strict deadlines for disclosure claims. Under 765 ILCS 77/60, you generally have one year from the date you discover the violation to file a lawsuit. Because some defects take time to appear, it is important to act quickly once you notice a problem.

What Damages Can You Recover if a Seller Failed to Disclose Defects in Real Estate?

If you win a disclosure lawsuit, you may recover compensation for the financial harm caused by the defect.

Damages may include:

• Repair costs
• Loss in property value
• Inspection and contractor expenses
• Legal fees and court costs

These damages are meant to help cover the losses caused by the seller’s failure to disclose.

What Should You Do if You Discover Undisclosed Defects After Buying a House?

If you find a defect after closing, take steps right away to protect your legal rights. You should document the damage, keep repair estimates, review the disclosure form, and avoid making major repairs before gathering evidence. Speaking with a lawyer early can help you understand whether you have a strong legal claim.

Schedule a Free Consultation With Our DuPage County, IL Residential Real Estate Attorney

Undisclosed defects can create unexpected financial stress and costly repairs. At McSwain Rapp Law, LLC, we help homebuyers understand their legal options when sellers fail to follow Illinois disclosure laws. Our attorney works with buyers to review disclosures, gather evidence, and pursue claims when appropriate.

If you believe a seller failed to disclose a serious defect, contact a Wheaton, IL residential real estate lawyer. Call 630-581-2877 to schedule a free consultation today. We can help you understand your rights and the next steps to protect your investment.