Do you have to disclose mice, roaches, or bed bugs in Illinois?

The Residential Real Property Disclosure Act covers houses with one to four units, condo units, and co-op units. The seller has to complete every item on the report and deliver it to the buyer before the contract is signed.

Some sellers are exempt, including:

• Transfers by court order, including probate court.
• An executor, administrator, trustee, or guardian selling in the course of administering an estate or trust.
• Foreclosure transfers, including a deed in lieu of foreclosure.
• One co-owner selling to another, and transfers to a spouse or a direct relative such as a child, parent, or grandchild.
• Transfers to or from a government body, and new construction nobody has lived in.

Selling as-is isn't on that list, and neither is selling to a cash buyer. The report itself says it doesn't limit your right to sell as-is. It just means the buyer knows what they're buying as-is. For every question on the report, plus the radon and lead-paint forms, see what Illinois sellers have to disclose.

Two questions on the report name pests: whether you're aware of current infestations of termites or other wood-boring insects, and whether you're aware of a structural defect caused by a previous one.

Mice, rats, roaches, bed bugs, and other pests aren't named anywhere on the form. That doesn't mean they never need to be disclosed. It means they fall under the report's general rule about material defects.

The report defines a material defect as a condition that would have a substantial adverse effect on the property's value, or that would significantly impair the health or safety of future occupants. The Act requires you to disclose material defects you actually know about. It doesn't require you to go looking for problems you don't know about.

A mouse in the garage last winter is not the same as an active roach infestation in the kitchen cabinets or bed bugs in every bedroom. Where yours falls depends on the facts, which is why this is a question for your attorney rather than a checkbox guess.

The form also says it reflects the current condition of the house and doesn't include past problems you reasonably believe have been corrected. If you've had the house professionally treated, keep the invoices and the follow-up reports.

There's no line on the report for smell. What causes a smell can be a different matter. Pet urine soaked into the subfloor, a ventilation problem, or an active infestation may fall under the questions about floors, heating and ventilation, or material defects generally. Treat the source, not the smell, as the thing you may need to disclose.

For a condo, the report covers your unit, not the building's common areas. If an odor or pests have spread into the hallway, that shows up in the association's letters rather than on your report. Our guide to selling a condo with open violations covers that side.

One question asks whether you've received notice of a violation of local, state, or federal law relating to the property that hasn't been corrected. A city citation for pests, rubbish, or sanitation is exactly that kind of notice.

Letters from a condo or HOA board usually aren't that kind of notice: they enforce the association's rules, not a law. They still matter to your buyer, and they'll surface in the association's resale documents and closing letter.

• If you learn of an error before closing, you have to give the buyer a written supplement.
• If you never provide the report before closing, the buyer can terminate the contract.
• If the report arrives after the contract is signed and discloses a material defect, the buyer has 5 business days to terminate and get their deposit back.
• A seller who knowingly gives false information is liable for the buyer's actual damages and court costs, and a court may award attorney fees.
• A lawsuit under the Act has to be filed within one year of possession, occupancy, or recording, whichever comes first.

The Act doesn't hold you liable for errors you didn't know about, or for relying on a public agency or a licensed professional such as a structural pest control operator, as long as you didn't know their information was wrong. Honest and complete is the whole game.

You don't have to treat, clean out, or deodorize anything before asking for an offer. You do still fill out the report honestly, and a buyer will account for the treatment and cleanup in the price.

A cash offer is usually below what the house would bring after treatment and repairs on the open market. The trade is not doing the work first. If there's also a city notice involved, here's how to sell a house with code violations.