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IL · Flood-disclosure law

Does a Illinois seller have to disclose flooding?

Illinois requires sellers to complete the Residential Real Property Disclosure Report, which includes specific flood-related statements: that the seller is aware of flooding/recurring leakage in the crawl space or basement, and that the property is located in a flood plain or that the seller currently carries flood hazard insurance.

Illinois at a glance

Flood-specific disclosure

The statute or the state-mandated form has dedicated flood questions — flood-zone status, flood history, prior claims, or flood-insurance history.

DisclosureRequired
Opt-outNone
Primary-source verified· verified June 16, 2026
765 ILCS 77 (Residential Real Property Disclosure Act); 765 ILCS 77/35 (disclosure report, flood items 2 and 3); 765 ILCS 77/55 (remedy)

The 4-card answer

Illinois flood-disclosure, decoded

Whether the seller must disclose, what triggers it, the penalties, and any opt-out gotcha — each card cites its source.

Does the seller have to disclose flooding?

Disclosure required

Flood-specific disclosure

Illinois requires sellers to complete the Residential Real Property Disclosure Report, which includes specific flood-related statements: that the seller is aware of flooding/recurring leakage in the crawl space or basement, and that the property is located in a flood plain or that the seller currently carries flood hazard insurance.

The statute or the state-mandated form has dedicated flood questions — flood-zone status, flood history, prior claims, or flood-insurance history.

765 ILCS 77 (Residential Real Property Disclosure Act); 765 ILCS 77/35 (disclosure report, flood items 2 and 3); 765 ILCS 77/55 (remedy)Primary-source verified· verified June 16, 2026

What triggers the duty

  • Sale/transfer of residential real property of 1-4 dwelling units not otherwise exempt (765 ILCS 77/5, 77/15)
  • Seller's awareness of flooding or recurring leakage problems in the crawl space or basement (Report item 2)
  • Seller's awareness that the property is in a flood plain or that seller currently has flood hazard insurance (Report item 3)

Penalties & remedies

Seller who knowingly violates or fails to perform a duty under the Act is liable for the buyer's actual damages and court costs; the court may award reasonable attorney's fees to the prevailing party (765 ILCS 77/55).

Buyer remedy: Right to terminate the contract if the disclosure document is not delivered before the seller signs the contract (765 ILCS 77/55); and an action for actual damages, court costs, and possible attorney's fees for a knowing violation.

Opt-out gotchas

No statutory opt-out or waiver-for-credit mechanism identified. The disclosure duty (where it exists) cannot simply be bought out.

Research note ▾

765 ILCS 77/35 confirmed via codified-statute read: item 2 = 'aware of flooding or recurring leakage problems in the crawl space or basement'; item 3 = 'aware that the property is located in a flood plain or that I currently have flood hazard insurance on the property.' 77/55 confirmed for termination right and actual damages/costs/possible attorney's fees; no statutory fixed dollar amount. The ILGA primary URL timed out, but text confirmed via the onecle codified mirror, which was successfully fetched.

Buyer's rights

If you're buying in Illinois

Your rights re-framed from the buyer's side, plus a pre-closing checklist that holds in every state.

What Illinois law gives you as a buyer

Illinois requires a seller disclosure (see the answer cards), so you have a statutory document to rely on — and a remedy if the seller knowingly withheld a material flood fact. Right to terminate the contract if the disclosure document is not delivered before the seller signs the contract (765 ILCS 77/55); and an action for actual damages, court costs, and possible attorney's fees for a knowing violation.

765 ILCS 77 (Residential Real Property Disclosure Act); 765 ILCS 77/35 (disclosure report, flood items 2 and 3); 765 ILCS 77/55 (remedy)

Your pre-closing checklist (works in every state)

  • Pull a free FEMA flood-zone lookup

    Enter the address on FEMA's Flood Map Service Center to see the property's flood-zone designation (Special Flood Hazard Area = Zone A/V). This is public and free, regardless of what the seller discloses.

    msc.fema.gov ↗

  • Request a CLUE / loss-history report

    A C.L.U.E. (Comprehensive Loss Underwriting Exchange) report shows insurance claims filed on the property in the last ~7 years, including water and flood claims. The current owner can pull theirs free once a year from LexisNexis.

    LexisNexis consumer disclosure ↗

  • Get an independent inspection — ask about water

    Hire your own inspector and specifically flag drainage, grading, sump pumps, and signs of past water intrusion (staining, efflorescence, fresh paint in basements). An inspection contingency protects you if problems surface.

  • Get a flood-insurance quote before you waive contingencies

    Quote NFIP or private flood coverage early. Homeowners' insurance does NOT cover flood damage. A federally backed mortgage on a property in a Special Flood Hazard Area generally requires flood insurance — budget for it.

    floodsmart.gov ↗

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Step 2 — Your answer

Illinois

Does the seller have to disclose flooding?

Disclosure required

Flood-specific disclosure

Illinois requires sellers to complete the Residential Real Property Disclosure Report, which includes specific flood-related statements: that the seller is aware of flooding/recurring leakage in the crawl space or basement, and that the property is located in a flood plain or that the seller currently carries flood hazard insurance.

The statute or the state-mandated form has dedicated flood questions — flood-zone status, flood history, prior claims, or flood-insurance history.

765 ILCS 77 (Residential Real Property Disclosure Act); 765 ILCS 77/35 (disclosure report, flood items 2 and 3); 765 ILCS 77/55 (remedy)Primary-source verified· verified June 16, 2026

What triggers the duty

  • Sale/transfer of residential real property of 1-4 dwelling units not otherwise exempt (765 ILCS 77/5, 77/15)
  • Seller's awareness of flooding or recurring leakage problems in the crawl space or basement (Report item 2)
  • Seller's awareness that the property is in a flood plain or that seller currently has flood hazard insurance (Report item 3)

Penalties & remedies

Seller who knowingly violates or fails to perform a duty under the Act is liable for the buyer's actual damages and court costs; the court may award reasonable attorney's fees to the prevailing party (765 ILCS 77/55).

Buyer remedy: Right to terminate the contract if the disclosure document is not delivered before the seller signs the contract (765 ILCS 77/55); and an action for actual damages, court costs, and possible attorney's fees for a knowing violation.

Opt-out gotchas

No statutory opt-out or waiver-for-credit mechanism identified. The disclosure duty (where it exists) cannot simply be bought out.

Research note ▾

765 ILCS 77/35 confirmed via codified-statute read: item 2 = 'aware of flooding or recurring leakage problems in the crawl space or basement'; item 3 = 'aware that the property is located in a flood plain or that I currently have flood hazard insurance on the property.' 77/55 confirmed for termination right and actual damages/costs/possible attorney's fees; no statutory fixed dollar amount. The ILGA primary URL timed out, but text confirmed via the onecle codified mirror, which was successfully fetched.

Summary of Illinois law as of June 2026. Not legal advice.

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