Disclosure report: where mold fits
The Illinois disclosure report has 24 yes or no statements, and none of them names mold [1]. The Residential Real Property Disclosure Act sets the form for a home of 1 to 4 units, a condo unit or a co-op unit, with some exemptions [1]. Mold still matters to it, because mold starts with water. EPA says no type of mold grows without water or moisture [2].
These are the statements on the Illinois report that cover the places water and moisture show up [1]:
Statement | What it asks about |
|---|---|
3 | Flooding or recurring leakage problems in the crawl space or basement [1] |
6 | Leaks or material defects in the roof, ceilings or chimney [1] |
7 | Material defects in the walls, windows, doors or floors [1] |
9 | Material defects in the plumbing system, such as the water heater and sump pump [1] |
12 | Material defects in the heating, air conditioning or ventilating systems [1] |
A yes on any of them needs an explanation in the form's additional information area [1]. The seller gives the buyer the report before a contract is signed [1]. For every statement on the form, here is what Illinois sellers must tell a buyer.
Material defect: the Act's definition
The report defines a material defect in two parts [1]. It is a condition that would have a substantial adverse effect on the value of the home. Or it is a condition that would significantly impair the health or safety of future occupants [1]. The Act says the seller shall disclose material defects the seller has actual knowledge of [1].
Two more lines set the limits. On the form, "aware" means actual notice or actual knowledge, without any specific investigation or inquiry [1]. And the Act says a seller is not obligated to make any specific investigation to fill out the report [1].
The report does not say whether a given patch of mold meets that bar. Its own notice says filling it out creates legal obligations for the seller, and that a seller may wish to consult an attorney first [1].
Fixed problems: what the report covers
The Illinois report is about the home's condition now. A note on the form says the disclosures do not include previous problems the seller reasonably believes have been corrected [1]. The definition of a material defect has the same exception [1].
EPA lists what a finished mold cleanup looks like [2]:
- The water or moisture problem is completely fixed.
- The mold is removed, with no visible mold or moldy odor left.
- A check shortly after the cleanup shows no sign of water damage or mold.
- People can use the area again without health complaints.
Paint is not a fix. EPA says not to paint or caulk moldy surfaces. Clean up the mold and dry the surface first, because paint over mold is likely to peel [2].
Selling as is does not skip the report either. The form says it does not limit the right to agree to an as is sale [1]. Here are the rules that still apply when you sell as is in Illinois.
Cleanup size: the 10 square foot line
The Illinois Department of Public Health (IDPH) gives cleanup guidelines for mold areas smaller than 10 square feet. IDPH says a professional mold remediator should clean up mold growth larger than 10 square feet [3]. A remediator is a contractor who removes mold. EPA describes 10 square feet as roughly a 3 foot by 3 foot patch [2].
Both agencies start with the water. IDPH says to find and repair the source of the moisture and dry wet areas within 24 to 48 hours [3]. It says any cleanup plan that does not address the moisture will fail [3].
Testing is usually not the first step. IDPH does not test homes for mold and generally does not recommend testing [3]. It says no standards exist to judge acceptable mold levels, and that if you can see or smell mold, testing is usually not needed [3]. EPA says no federal limits have been set for mold [2].
Mold remediators: Illinois registration
Illinois now registers the people who remove mold. IDPH's Mold Remediation Registration Code took effect on September 23, 2026, and all mold remediators must register with IDPH unless they qualify for an exemption [4]. People already doing mold remediation can keep working without a third-party certification until September 30, 2027, if they register and get certified by then [4].
IDPH keeps a public search tool of registered mold remediators [4]. Professionals who only assess mold, and do not remove it, do not need to register [4]. IDPH also says to check how much insurance a contractor carries for your project [4].
Supplement rule: changes before closing
The report can change after it goes out. If, before closing, the seller becomes aware of an error, inaccuracy or omission in the report, the Act says the seller shall give the buyer a written supplement [1]. A supplement is an added written disclosure. The form itself says the seller has a continuing obligation to supplement it before closing [1].
Here is an example, not a real home. Say a seller hands over the report in March with a no on statement 6. In April, while packing, the seller finds a water stain and mold on a closet ceiling that had been out of sight. Before closing, the seller gives the buyer a written supplement [1].
Under the Act, a defect disclosed in a supplement lets the buyer end the contract in only three cases [1]:
- The seller knew about the defect when the first report was signed [1].
- The defect cannot be repaired before closing [1].
- The seller does not agree in writing to repair it within 5 business days after the supplement is delivered [1].
Before you fill out the Illinois disclosure report
- Find the water Check the basement, roof, ceilings, walls, plumbing and ventilation, the places the report asks about [1].
- Fix it and dry it Repair the moisture source and dry wet areas within 24 to 48 hours [3].
- Match the cleanup to the size Under 10 square feet, follow IDPH's cleanup guidelines. Larger than that, use a professional remediator registered with IDPH [3][4].
- Keep the paperwork Keep the repair invoices and the remediator's records with your copy of the report.
- Answer from what you know Mark each statement from your actual knowledge, explain every yes, and supplement it in writing if something changes before closing [1].
What it means if you sell in Illinois
In Illinois, the disclosure report goes to the buyer before a contract is signed [1], so a damp basement or a stained ceiling is worth dealing with before you list. Fix the water, clean up the mold the way IDPH and EPA describe, keep the records, and fill out the report from what you actually know [1][2][3].
Getting a house ready to sell and want a plan for it? The two steps below are where to start.
Complimentary Home ValuationSchedule Your Seller Consultation
