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Illinois practice guide

Solve disclosures by relationship, recipient, document, and deadline

The wrong Illinois form at the right time is still wrong. A no-agency notice does not create dual consent. A seller condition report does not satisfy radon or lead duties. A passive radon system does not answer a disclosure question. Start by naming the trigger and recipient, then place the document on the transaction timeline.

Last updated: August 1, 2026

What skill does this practice set measure?

Short answer: Prepare relationship notices first: designated agency no later than beginning representation, no-agency notice before confidential customer information and no later than offer preparation, informed written dual-agency consent from all clients before acting with confirmation at the offer or contract, and contemporaneous-offer disclosure when one designated agent represents competing clients for the same property. Then master written licensee-interest and compensation-source disclosures. For property, determine Residential Real Property Disclosure Act coverage, exemption, seller actual knowledge, buyer receipt before contract, supplement duty, late or inaccurate report consequences, and the licensee's separate latent-material-fact duty.

Official section
Illinois IV: Disclosures
Broker weight
25% of the state portion, approximately 10 of 40 scored questions
Expected scored items
The current PSI broker outline assigns 25% of the Illinois portion to Disclosures

The current PSI outline combines relationship disclosures under the Real Estate License Act with seller, environmental, and rental disclosures under separate Illinois and federal laws. It classifies dual agency under Disclosures even though Article 15 supplies the legal rule. Additional Laws separately tests radon-resistant construction, while this area tests radon transaction disclosure. Sources were checked through August 1, 2026.

Ready to work the set?

These questions are original study items aligned to the published outline. They are not copied, recalled, or predicted PSI questions.

1. A listing agent is working with an unrepresented buyer. When is the Illinois no-agency notice due at the latest?

  1. No later than preparation of an offer to purchase
  2. At closing
  3. After the inspection
  4. Only if the seller requests it
Show answer and explanation

Answer: No later than preparation of an offer to purchase

The notice should arrive early enough to prevent confidential disclosure and never later than offer preparation.

2. One designated agent prepares offers for two buyer clients on the same property, knowing both will be considered together. What is required?

  1. Written disclosure to both clients and referral on request
  2. Oral notice only to the seller
  3. Automatic cancellation of both relationships
  4. Dual-agency consent only from the seller
Show answer and explanation

Answer: Written disclosure to both clients and referral on request

The facts describe contemporaneous offers by clients of the same designated agent. Every affected client receives written disclosure and may request referral.

3. A broker's limited liability company plans to buy the broker's listing. When is the licensee-interest disclosure due?

  1. In writing to all parties before initiating the transaction
  2. Only after closing
  3. Only if the company name includes the broker's name
  4. No disclosure is required for an indirect interest
Show answer and explanation

Answer: In writing to all parties before initiating the transaction

The Illinois rule reaches indirect interests through entities and requires written disclosure to all parties before transaction initiation.

4. A covered Illinois seller knows of no defects and has not hired an inspector. How should the seller complete the statutory report?

  1. Report actual knowledge without conducting a specific investigation
  2. Refuse to complete the report until an inspection occurs
  3. Ask the listing agent to answer for the seller
  4. Wait until after the contract is signed
Show answer and explanation

Answer: Report actual knowledge without conducting a specific investigation

The seller completes the form from actual knowledge and has no specific investigation or inquiry duty under the Act.

5. Which federal right generally belongs to a buyer of covered pre-1978 housing?

  1. A 10-day opportunity for lead inspection or risk assessment unless changed or waived in writing
  2. Mandatory seller-funded lead abatement
  3. Automatic contract cancellation whenever lead is present
  4. A lead test performed by the listing agent
Show answer and explanation

Answer: A 10-day opportunity for lead inspection or risk assessment unless changed or waived in writing

The federal sale process generally provides the buyer that evaluation opportunity while requiring known-information disclosure and prescribed documents.

Which answer habits should you watch for?

Trap
Illinois licensees can use a neutral facilitator label without a written relationship analysis.
Correction
Illinois presumes designated representation unless a written agreement establishes another allowed relationship, and customers receive no-agency notice.
Trap
Designated-agency disclosure can wait until the offer.
Correction
It is due no later than the beginning of work as a designated agent.
Trap
A boilerplate dual paragraph permits acting before all clients consent.
Correction
Every client must give informed written consent before the individual licensee acts as dual agent, followed by transaction confirmation.
Trap
Every seller multiple-offer situation is a contemporaneous-offer disclosure.
Correction
The special rule requires the same designated agent to represent competing clients for the same property.
Trap
Who pays determines agency.
Correction
Compensation source and representation are separate analyses under Illinois law.
Trap
A land trust or company hides the licensee's buying interest.
Correction
The written disclosure rule reaches direct and indirect interests through listed entities and arrangements.
Trap
The Residential Real Property Disclosure Act covers every residential transfer.
Correction
Coverage depends on property and transfer, and the Act contains specified exemptions.
Trap
A seller must investigate before completing the statutory report.
Correction
The seller reports actual knowledge and has no specific investigation duty under the Act.
Trap
An as-is contract erases seller and broker disclosure duties.
Correction
As-is can allocate condition risk but does not authorize false reports, fraud, or concealment of legally required facts.
Trap
Radon disclosure requires the seller to test and mitigate.
Correction
The covered sale requires the prescribed information package but does not itself compel testing or mitigation.
Trap
Federal lead disclosure applies to every home regardless of age.
Correction
It generally applies to most pre-1978 housing, subject to federal exclusions.
Trap
No FEMA designation means no Illinois rental flood duty.
Correction
Known flooding and the lower-level 10-year history can still trigger disclosure.

How should you reason through a difficult item?

Stop before the buyer reveals a ceiling

Scenario: A listing agent represents the seller and is meeting an unrepresented buyer. Before receiving any no-agency notice, the buyer starts to reveal the maximum price and urgency to move.

  1. The listing agent is not the buyer's representative.
  2. The buyer's negotiating limit and urgency are sensitive information.
  3. Illinois requires the written no-agency notice at a time intended to prevent this disclosure and never later than offer preparation.

Answer: The agent should stop and provide the written no-agency notice before inviting or receiving the confidential negotiating information.

Two buyer clients trigger a special writing

Scenario: One designated agent represents two buyers who both want the same condominium. The agent knows both offers will be considered by the seller that evening.

  1. The same designated agent represents two clients.
  2. Both clients are competing for the same unit.
  3. The offers are expected to be considered contemporaneously.

Answer: The agent must give written disclosure to both clients and refer a client who requests another designated agent.

Entity ownership does not hide a licensee's interest

Scenario: A broker forms a limited liability company to buy the broker's listing. The broker plans to disclose only the company name and not the broker's ownership until after contract execution.

  1. The broker has an indirect ownership interest through the company.
  2. The rule reaches direct and indirect property interests.
  3. Written disclosure to all parties is due before initiating the transaction, not after a contract is signed.

Answer: The broker must disclose the licensee status and indirect interest in writing to all parties before initiating the transaction.

Receipt before contract means receipt

Scenario: A covered seller emails the Illinois statutory report late Friday, but the buyer does not receive it until Monday after signing the contract on Saturday.

  1. The Act requires delivery to the prospective buyer before contract signing.
  2. Effective delivery depends on receipt, not the seller's send time alone.
  3. The buyer signed before receiving the report.

Answer: The report was delivered late under the stated facts, so the Act's late-delivery consequences must be analyzed.

Radon disclosure is not a forced test

Scenario: A covered seller has no radon test result and assumes the sale cannot proceed until the seller pays for testing and mitigation.

  1. The Act requires the prescribed warning, form, pamphlet, and seller-held elevated-test information.
  2. The facts state that no test result is in the seller's possession.
  3. The sale provision does not itself mandate a new seller test or mitigation.

Answer: Complete the required radon disclosure process without inventing a seller testing or mitigation mandate.

Lower-level history reaches outside the FEMA map

Scenario: A landlord plans to lease a garden apartment. The property is outside a FEMA Special Flood Hazard Area but flooded twice during heavy rainfall in the last 10 years.

  1. The apartment is a lower-level unit under the supplied facts.
  2. The lower-level rule reaches flooding of the unit or any portion of the real property during the prior 10 years.
  3. Being outside the mapped flood area does not eliminate that separate history trigger.

Answer: The landlord must provide the required written history before leasing and include it in the signed lease as required.

How should you answer an Illinois disclosure question?

  1. Classify the issue as agency, no agency, dual agency, competing clients, licensee interest, compensation, seller report, material fact, radon, lead, mine subsidence, tank, or flooding.
  2. Identify whose relationship, status, knowledge, payment, ownership, report, claim, or property history creates the duty.
  3. Name every recipient: client, customer, all parties, buyer, tenant, transferee, lender, or referred client.
  4. Choose the controlling writing, consent, confirmation, report, pamphlet, warning, lease language, or environmental form.
  5. Place it on the exact timeline: beginning work, before confidential information, before acting, before initiating, at referral, before contract, at transfer agreement, or before lease.
  6. Test coverage by unit count, property type, construction year, relationship, transfer exemption, licensee interest, lower-level status, and stated federal or Illinois exclusion.
  7. Keep disclosure, investigation, inspection, testing, repair, mitigation, and remediation separate unless the controlling law connects them.
  8. Reject any answer that uses the right document for the wrong trigger or waits until a deadline has already passed.
Trigger
Designated representation begins
Recipient
Consumer or client
Current timing anchor
No later than beginning to work as designated agent
Trigger
Licensee works with unrepresented customer
Recipient
Customer
Current timing anchor
Before confidential disclosure and never later than offer preparation
Trigger
Same licensee represents opposing clients
Recipient
Every client
Current timing anchor
Informed written consent before acting; confirm at offer or contract
Trigger
Same agent prepares competing client offers
Recipient
Every affected client
Current timing anchor
When contemporaneous offers are prepared or made
Trigger
Licensee has direct or indirect property interest
Recipient
All parties
Current timing anchor
In writing before initiating the transaction
Trigger
Referral includes greater-than-1% provider interest
Recipient
Client
Current timing anchor
At time of referral
Trigger
Covered Illinois seller report
Recipient
Prospective buyer
Current timing anchor
Received before contract signing
Trigger
Covered radon sale
Recipient
Buyer
Current timing anchor
Before buyer is contractually obligated
Trigger
Paid mine-subsidence insurance claim
Recipient
Transferee and lender
Current timing anchor
When transfer agreement is made
Trigger
Covered rental flood information
Recipient
Tenant
Current timing anchor
Before lease and included in signed lease or renewal

Which outline areas does this set sample?

Topic
Designated-agency disclosure
What to know
Consumer, client, seller, landlord, buyer, tenant, designated agent, sponsoring broker, presumed representation, written brokerage agreement, separate notice, identity of designated agent, copy, retention, compensation policy, and no later than beginning to work
Best exam move
Identify the represented consumer and deliver the writing no later than the start of designated-agent work.
Topic
No-agency notice
What to know
Customer, unrepresented buyer, unrepresented tenant, seller's agent, landlord's agent, written notice, no representation, confidential information, timing intended to prevent disclosure, offer purchase, offer lease, and latest deadline
Best exam move
Give the customer the writing before sensitive negotiating information and never later than offer preparation.
Topic
Dual agency
What to know
Same individual licensee, opposing clients, seller and buyer, landlord and tenant, conflict, informed written consent, all clients, brokerage agreement, before acting, statutory form, confirmation at offer or contract, advice limits, confidential information, withdrawal, and licensee ownership prohibition
Best exam move
Obtain informed written consent from every client before dual representation begins and confirm it in the transaction document.
Topic
No neutral facilitator shortcut
What to know
Designated agency presumption, written alternative relationship, customer, no-agency notice, transaction broker, facilitator, ministerial act, representation conduct, compensation, and Illinois-specific role
Best exam move
Do not invent a neutral relationship label to avoid the required agency or no-agency writing.
Topic
Contemporaneous offers
What to know
Same designated agent, two or more buyer or tenant clients, same parcel or unit, competing offers, expected simultaneous consideration, written disclosure, every affected client, confidential terms, referral request, another designated agent, and seller multiple-offer distinction
Best exam move
Confirm one agent, multiple clients, one property, and overlapping consideration before applying the special disclosure.
Topic
Direct or indirect licensee interest
What to know
Licensee buyer, seller, landlord, tenant, co-owner, spouse or related ownership, land-trust beneficial interest, partnership, closely held corporation, limited liability company, direct interest, indirect interest, written status disclosure, all parties, and before initiating transaction
Best exam move
Look through entities and disclose the licensee status and interest in writing to all parties before the transaction begins.
Topic
Compensation sources and referral interests
What to know
Transaction-related compensation, third-party source, sponsoring broker policy, cooperating-broker amount, compensation from both sides, written disclosure, consent, referral fee, provider, greater-than-1% ownership or profit interest, client, and at time of referral
Best exam move
Identify who pays and who benefits, then disclose the source or material provider interest to the correct client at the required time.
Topic
Residential Real Property Disclosure Act
What to know
One-to-four residential units, condominium, cooperative, qualifying manufactured home, transferor, transferee, covered transfer, nine exemptions, seller-completed statutory report, actual knowledge, no investigation duty, receipt before contract, delivery method, supplement before closing, material defect, as-is, remedy, and record
Best exam move
Check property, transfer, exemption, responsible seller, knowledge, receipt, and later update in that order.
Topic
Known latent material adverse physical facts
What to know
Seller's agent, prospective buyer customer, actual licensee knowledge, latent fact, physical condition, material adverse effect, reasonably diligent inspection, timely disclosure, seller report distinction, confidentiality limit, stigma, and no technical diagnosis
Best exam move
Do not let the seller's form or confidentiality request erase the licensee's independent duty concerning actually known latent physical facts.
Topic
Radon sale disclosure
What to know
Covered one-to-four-unit sale, seller, buyer, statutory warning, disclosure form, approved pamphlet, elevated test result in seller possession, before buyer is bound, post-offer procedure, agent acknowledgment, exclusion, no required test, no required mitigation, and separate tenant rule
Best exam move
Deliver the prescribed information package without inventing a seller testing or mitigation mandate.
Topic
Federal lead-based paint disclosure
What to know
Most pre-1978 housing, sale, lease, seller, lessor, buyer, tenant, known information, available reports, federal pamphlet, warning statement, acknowledgment, agent responsibility, records, pre-contract delivery, buyer 10-day evaluation opportunity, written change, waiver, and exclusion
Best exam move
Begin with construction year and transaction type, then complete the full federal package before the party is bound.
Topic
Mine-subsidence disclosure
What to know
Man-made underground mine, transferor, transferee, lender, mine-subsidence insurance claim, payment to transferor, written disclosure, transfer agreement, incorporation, waiver, actual damages, and not mere neighborhood speculation
Best exam move
Look for paid insurance claims and deliver the writing to the specified recipients when the transfer agreement is made.
Topic
Underground storage tanks
What to know
Seller report, underground fuel storage tank, actual awareness, location, current use, removed tank, environmental record, release, contamination, regulator, specialist, and licensee known latent material adverse physical fact
Best exam move
Handle the seller-report item, then test whether known environmental facts trigger additional licensee or regulatory action.
Topic
Landlord flooding disclosures
What to know
FEMA Special Flood Hazard Area, actual knowledge of flooding, frequency, parking area, lower-level unit, garden unit, basement, first floor, last 10 years, written notice, before lease, lease or renewal inclusion, landlord and tenant signatures, tenant remedy, and statutory exemption
Best exam move
Apply the FEMA and known-flooding rules generally, then add the 10-year history analysis for a lower-level unit.

What should you sort out before you begin?

Terms
Designated-agency vs. no-agency notice
Difference
The designated-agency writing tells a consumer the licensee represents that person. The no-agency writing tells a customer the licensee does not.
Question cue
Represented client at the start of work versus unrepresented customer before confidential information.
Terms
Designated agency vs. dual agency
Difference
Designated agency assigns an individual agent to a client. Dual agency occurs when the same individual licensee represents clients on opposing sides and all must consent in writing.
Question cue
Different agents in one firm are not automatically dual agents.
Terms
Contemporaneous offers vs. ordinary multiple offers
Difference
The Illinois contemporaneous-offer rule addresses one designated agent representing multiple clients competing for the same property. Ordinary multiple offers may arrive through different agents.
Question cue
One agent, two client buyers or tenants, same parcel or unit, same consideration period.
Terms
Compensation vs. agency
Difference
Payment source does not determine whom the licensee represents. Agency follows the relationship; compensation source creates its own disclosure question.
Question cue
Seller-funded buyer-broker payment does not turn the buyer's agent into the seller's agent.
Terms
Direct vs. indirect licensee interest
Difference
A direct interest is held personally. An indirect interest can arise through an entity, land trust, partnership, closely held corporation, limited liability company, or similar arrangement.
Question cue
The licensee is not named in the deed but benefits through the buyer entity.
Terms
Seller report vs. inspection
Difference
The seller reports actual knowledge without a statutory investigation duty. An inspection independently evaluates condition and is not replaced by the form.
Question cue
No known defect does not mean verified defect-free property.
Terms
Seller duty vs. licensee duty
Difference
The covered seller completes and supplements the statutory report. The seller's agent separately handles actually known latent material adverse physical facts under license law.
Question cue
Identify whether seller, broker, or both know the defect.
Terms
Radon disclosure vs. radon testing
Difference
The covered sale requires the prescribed information package and seller-held results. The sale provision does not itself require a new test or mitigation.
Question cue
Deliver known information without inventing a remediation obligation.
Terms
Lead sale vs. lead lease process
Difference
Both covered pre-1978 sales and leases require known information and prescribed warning materials before obligation. The buyer's 10-day evaluation opportunity is a sale-specific feature.
Question cue
Buyer inspection or risk-assessment opportunity, not an automatic tenant contingency.
Terms
Flood-zone notice vs. lower-level flood history
Difference
FEMA status and known flooding can matter generally. A lower-level unit adds disclosure of flooding affecting the unit or property during the last 10 years.
Question cue
Garden, basement, or first-floor unit outside the mapped flood area can still trigger history disclosure.

How should you review your results?

Session
1. Build the agency timeline
Focus
Designated agency, no agency, dual agency, no facilitator shortcut, client, customer, consent, confirmation, and exact deadlines
Proof you are ready
Sort twelve scenarios by relationship, recipient, writing, and latest permissible delivery point.
Session
2. Practice conflict disclosures
Focus
Contemporaneous offers, direct and indirect interests, entity ownership, compensation sources, both-side payment, referrals, and provider interests
Proof you are ready
Identify who benefits, who must receive the writing, and when disclosure is due in ten scenarios.
Session
3. Test seller-report coverage
Focus
One-to-four units, covered property, transfer, exemption, responsible seller, actual knowledge, delivery method, receipt, and pre-contract timing
Proof you are ready
Classify ten transfers and state why the Act applies or which exemption controls.
Session
4. Trace defects and remedies
Focus
Material defect, supplement, late report, inaccurate report, termination periods, earnest money, inspection, as-is, licensee duty, and stigma
Proof you are ready
Build four timelines from report preparation through closing and identify every changed fact.
Session
5. Separate environmental packages
Focus
Radon, lead, mine-subsidence claim, underground tank, construction year, test result, pamphlet, form, recipient, timing, and no automatic mitigation
Proof you are ready
Match every trigger to the correct document and reject a form from the wrong statute.
Session
6. Finish with flooding and mixed practice
Focus
FEMA area, actual flooding, frequency, parking, lower-level unit, 10-year history, pre-lease writing, lease inclusion, signatures, and remedies
Proof you are ready
Score at least 85% on two fresh disclosure sets and explain every deadline without looking at the options.

Do not count recognition as mastery. Close the notes and explain the rule, apply it to a new fact pattern, and identify why each distractor fails.

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Questions students ask about Illinois Real Estate Disclosures Practice Questions: 2026

How many Illinois broker exam questions cover Disclosures?

The PSI booklet effective June 24, 2026 assigns 25% of the 40 scored Illinois questions to Disclosures, or approximately 10 questions. It is tied with Additional Illinois Laws and Regulations as the second-largest state area.

When is Illinois designated-agency disclosure due?

A licensee acting as a designated agent must advise the consumer in writing no later than the beginning of work as a designated agent. The writing identifies the relationship and designated agent or agents and may be included in the brokerage agreement or a separate document.

When must an Illinois no-agency notice be given?

A licensee working with an unrepresented customer must provide written notice at a time intended to prevent disclosure of confidential information and never later than preparation of an offer to purchase or lease.

What consent is required for dual agency in Illinois?

The same individual licensee needs informed written consent from every client before acting as a dual agent. When dual representation is offered, the statutory disclosure is presented with the brokerage agreement or before dual agency begins, and the clients confirm consent when executing the offer or contract in the dual-agency transaction.

When does an Illinois licensee disclose an ownership interest?

A licensee selling, leasing, or buying property directly or indirectly must disclose the licensee's status in writing to all parties before initiating the transaction. The rule reaches interests through land trusts, partnerships, closely held corporations, limited liability companies, and similar arrangements.

When must the Illinois seller disclosure report be received?

For a covered transfer, the seller must complete the statutory Residential Real Property Disclosure Report and deliver it so the prospective buyer receives it before signing the contract. Merely sending the report is not the same as effective receipt under the Act.

Must an Illinois seller investigate before completing the report?

No. The seller reports material defects of which the seller has actual knowledge and has no duty under the Act to conduct a specific investigation or inquiry. The report still does not replace inspection, fraud law, or the licensee's independent duties.

Which environmental disclosures are named in the state outline?

The current broker outline names radon, lead-based paint, mine subsidence, underground storage tanks, and landlord flooding disclosures. Each has a different trigger, document, recipient, timing, coverage rule, and relationship to testing or mitigation.

Does Illinois require a seller to test for radon before sale?

No. For a covered sale, the Radon Awareness Act requires the prescribed disclosure, approved pamphlet, and information about elevated radon test results in the seller's possession. The sale provision does not itself require testing or mitigation.

Are these official PSI Illinois disclosure questions?

No. These are original scenarios mapped to the public outline and controlling sources. They are not copied or recalled live exam items. The PSI booklet, Illinois statutes and rules, and federal lead source were checked through August 1, 2026.

Primary sources

The current official outline controls the tested scope. Statutes, regulations, and official agency materials control when a general study rule and a jurisdiction-specific rule differ.

Editorial status

Checked against primary sources

The Pass Illinois editorial team last checked this guide on August 1, 2026. Every practice question is an original study item, and the source links above let you verify the rules that support the lesson.

Read our editorial and corrections process

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