US Real Estate Law Explorer
Educational information only. Not legal advice. Not affiliated with any state agency or real estate union.

Illinois Real Estate Law

Regulator: Illinois Department of Financial and Professional Regulation – Division of Real Estate

Agency Relationships

  • Agents may represent the buyer, the seller, or, with written consent, both parties.
  • Fiduciary duties — loyalty, confidentiality, full disclosure — apply to clients but not to customers.
  • Ask every agent to explain, in writing, who they represent before you share personal or financial details.

Property Disclosures

  • Sellers must disclose known material defects that affect the property's value or safety.
  • Federal law requires a lead-based paint disclosure for homes built before 1978.
  • Always review disclosures before removing inspection contingencies.

Contract Nuances

  • Real estate contracts must be in writing to be enforceable.
  • Review deadlines for inspection, financing, and closing carefully — missed dates can cost your earnest money.
  • You may hire an independent attorney to review any contract, even if the state does not require one.

Closing & Costs

  • Closings are typically attorney-driven in Chicago and the collar counties; downstate, title companies handle them. Either party can use an attorney.
  • Illinois has a state real estate transfer tax plus county and (in many cities) municipal transfer taxes. Chicago's transfer tax is split between buyer and seller.
  • Local custom: the seller usually pays for the owner's title policy.
  • Property taxes are billed in arrears and often prorated at 105–110% of the prior year's bill to protect the buyer.
  • Confirm wire instructions verbally with your closer using a phone number you already trust.

Buyer-Agent Compensation (post-2024)

  • Since August 17, 2024, multiple-listing services (MLS) can no longer publish offers of buyer-agent compensation. Sellers may still choose to pay a buyer's agent, but it is now negotiated separately and disclosed off-MLS.
  • Buyers must sign a written representation agreement with their agent before touring a home. The agreement must state how the agent is paid and how much. Read it carefully — the fee is between you and your agent now, not automatically covered by the seller.
  • If you are buying, ask whether the seller is offering to pay your agent's commission, who else might pay it, and exactly what services are included.
  • If you are selling, you are no longer required to offer a buyer's agent commission. Your listing agent should explain the trade-offs of doing so anyway.

Tenant & Landlord Rights

  • Security deposits are regulated; landlords must return them within a set number of days after move-out.
  • Evictions require proper written notice and, in most cases, a court order.
  • Retaliation against tenants who exercise legal rights is prohibited.

Educational information only. Not legal advice. Laws change; verify with the official sources above or consult a licensed attorney.