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Illinois disclosures decision guide

Illinois environmental disclosure framework

Environmental disclosure questions are won by routing, not by memorizing a single form. Name the hazard, decide whether the facts describe a sale or lease, classify the property, identify the person who must act, choose the right document package, and place delivery at the right point in the transaction.

Last updated: August 1, 2026

What does current Illinois authority require?

Short answer: Use five separate lanes. Illinois radon law requires its approved pamphlet and disclosure package for covered residential transfers, with distinct sale and tenant rules. Federal lead law generally governs pre-1978 target housing sales and leases. Mine subsidence law requires written disclosure of paid claims at the time of the transfer agreement. Underground fuel tanks appear on the Illinois seller report and may require separate regulatory records work. Illinois landlords must make signed, prelease flood disclosures under Section 25. The general seller report and the broker's own actual-knowledge duty remain separate layers.

Official section
Illinois IV.E: Environmental and Other Disclosures
Broker weight
Part of 25% of the Illinois state portion
Expected scored items
The current PSI broker outline assigns 10 of 40 state items to Disclosures

The PSI Illinois broker outline effective June 24, 2026 names radon, lead-based paint, mine subsidence, underground storage tanks, and flooding for landlords. This guide compares their current routing rules through August 1, 2026. It is exam preparation, not environmental, engineering, insurance, or legal advice for a particular property.

Where is this tested on the Illinois outline?

Topic
First question: which hazard?
What to know
Radon, lead-based paint, mine subsidence, underground fuel tank, leaking tank, flooding, floodplain, environmental record, test report, insurance claim, and material physical fact
Best exam move
Name the hazard before choosing a form because each named outline topic follows a different statute or rule.
Topic
Second question: sale or lease?
What to know
Purchase, lease, renewal, option, transfer agreement, residential sale, target housing lease, radon tenancy, lower-level rental, transferee, lender, buyer, renter, and tenant
Best exam move
Do not carry a buyer-only inspection period into a lease or a landlord flood rule into an ordinary sale.
Topic
Third question: covered property?
What to know
One to four dwelling units, residential real property, dwelling unit, target housing, built before 1978, third story, mobile home, condominium, rental property, lower-level unit, commercial facility, regulated UST, and exemption
Best exam move
Test the property definition and statutory exclusions before assuming that the document applies.
Topic
Fourth question: who acts?
What to know
Seller, lessor, landlord, transferor, buyer, lessee, tenant, transferee, lender, real estate agent, sponsoring broker, owner, operator, OSFM, Illinois EPA, IEMA-OHS, and licensed professional
Best exam move
Assign the duty to the exact party named by the governing rule and keep the broker from becoming the environmental expert.
Topic
Fifth question: what must travel?
What to know
Pamphlet, statutory form, warning statement, known information, records and reports, paid insurance claims, seller-report checkbox, written flood statement, signed lease language, registration record, release file, and acknowledgment
Best exam move
Count every required component because a pamphlet, disclosure statement, records packet, and inspection opportunity are not interchangeable.
Topic
Sixth question: when?
What to know
Before buyer is obligated, before renter is obligated, before accepting offer, at application, before lease, at transfer agreement, before contract signing, in written agreement, in renewal lease, receipt, closing, and record retention
Best exam move
Put delivery into a transaction timeline instead of treating disclosure as a closing-table task.
Topic
Illinois radon sale lane
What to know
Residential real property, one to four units, IEMA pamphlet, Illinois Disclosure of Information on Radon Hazards, known elevated result, current records and reports, seller, purchaser acknowledgment, agent acknowledgment, before buyer obligated, post-offer preacceptance delivery, no testing mandate, and exclusions
Best exam move
For a covered sale, route the approved pamphlet and state form before obligation and attach any elevated-radon information in the seller's possession.
Topic
Illinois radon tenant lane
What to know
Prospective tenant, current tenant, application, before lease, request during tenancy, Radon Guide for Tenants, tenant form, hazard records, 90-day test period, 10-day delivery of result, lessor retest, 30 days, mitigation, 60-day election, and third-story exclusion
Best exam move
Recognize the current tenant framework enacted for leases beginning in 2024 and do not answer from the older repealed Section 25.
Topic
Federal lead lane
What to know
Target housing, pre-1978, sale, lease, EPA pamphlet, known lead-based paint, lead hazard, available records and reports, common areas, Lead Warning Statement, seller or lessor certification, agent certification, buyer acknowledgment, renter acknowledgment, 10-day opportunity, written waiver, changed period, and three-year retention
Best exam move
Use the construction year and transaction type, then assemble the complete federal information package before obligation.
Topic
Mine subsidence lane
What to know
Real property, transferor, transferee, lender, paid insurance claim, man-made underground mine, ground movement, structure damage, transfer agreement, written disclosure, written agreement, written waiver, actual damages, and five years
Best exam move
Focus on claims paid to the transferor, not merely a map showing that a mine may lie below the land.
Topic
Underground storage tank lane
What to know
Underground fuel storage tank, seller actual knowledge, Residential Real Property Disclosure Report item 21, heating oil, regulated substance, owner, operator, facility, registration, ownership change, 30 days, release, leaking UST database, No Further Remediation Letter, cleanup file, and environmental professional
Best exam move
Answer the home-sale disclosure question first, then recognize that a regulated or leaking tank calls for a separate agency-record and technical inquiry.
Topic
Landlord flooding lane
What to know
Every landlord, every tenant, before signing, FEMA Special Flood Hazard Area, actual knowledge, rental property, parking area, flooding frequency, lower-level unit, garden level, basement level, first floor, last 10 years, written lease, renewal lease, signatures, termination, damages, and exemptions
Best exam move
Separate the all-rentals disclosure in subsection (b) from the added 10-year history rule for lower-level units in subsection (c).
Topic
General seller-report layer
What to know
Flood hazard insurance, recurring leakage, floodplain, radon, asbestos, lead paint, lead pipes, lead soil, mine subsidence, earth stability, underground fuel tank, actual knowledge, explanation, supplement, inspection disclaimer, and material defect
Best exam move
Use the statutory report when it applies but never assume its environmental checkboxes replace a separate topic-specific package.
Topic
Licensee conduct layer
What to know
Actually known, latent, material adverse fact, physical condition, reasonably diligent inspection, timely disclosure, honesty, negligent false information, client instruction, confidentiality, documentation, referral, scope of expertise, and withdrawal
Best exam move
Disclose what the Act requires, do not conceal known material physical facts, and refer testing, interpretation, cleanup, and legal conclusions to qualified professionals.

Use H-T-P-D-T for every environmental disclosure question

  1. Hazard: Name the subject as radon, lead, mine subsidence, tank, or flood. The noun usually points to the governing statute.
  2. Transaction: Classify the event as a sale, lease, renewal, property transfer, or regulatory ownership change.
  3. Property and parties: Check the property definition and identify the seller, lessor, transferor, landlord, buyer, tenant, transferee, lender, and agent.
  4. Documents: Assemble the pamphlet, form, warning, known records, claim history, report answer, or signed lease disclosure required in that lane.
  5. Timing: Place delivery before obligation, at the transfer agreement, before lease signing, or within the regulatory reporting deadline stated by the applicable rule.
Lane
Illinois radon sale
Core package
IEMA-approved pamphlet, Illinois form, and known elevated-radon records
Timing anchor
Before buyer is obligated
Lane
Illinois radon tenancy
Core package
Tenant pamphlet, tenant form, and hazard records
Timing anchor
At application, before lease, or on request during tenancy
Lane
Federal lead
Core package
EPA pamphlet, warning, known information, records, and certifications
Timing anchor
Before buyer or renter is obligated
Lane
Mine subsidence
Core package
Paid claims disclosed in writing to transferee and lender
Timing anchor
At transfer agreement
Lane
Underground tank
Core package
Seller-report answer plus applicable registration, release, and cleanup records
Timing anchor
Before sales contract for report; other deadlines vary
Lane
Landlord flood
Core package
Flood-zone and history statement, including lower-level 10-year history
Timing anchor
Before signing and in signed lease or renewal
Lane
Seller report
Core package
Actual-knowledge environmental answers
Timing anchor
Buyer receives report before contract signing
Lane
Broker layer
Core package
Truthful process, known latent physical facts, records, and referrals
Timing anchor
Timely within the transaction

Which Illinois distinctions matter most?

Terms
Hazard notice vs. proof of contamination
Difference
A warning or disclosure can be required because a property falls within a statutory category. It does not necessarily prove that the hazard is present at an unsafe level.
Question cue
Information duty versus scientific conclusion.
Terms
General seller report vs. special disclosure package
Difference
The Illinois seller report gathers actual-knowledge answers across 23 condition categories. Radon and federal lead rules can require additional pamphlets, forms, records, and acknowledgments.
Question cue
Broad checklist versus hazard-specific compliance.
Terms
Radon notice vs. radon test
Difference
The sale disclosure requirement can apply without a test. The seller supplies the approved information and known records, while the buyer decides whether to arrange testing within the contract process.
Question cue
Required information versus optional measurement.
Terms
Lead disclosure vs. lead abatement
Difference
The federal transaction rule requires disclosure and an information process. It does not generally require the seller or lessor to remove lead-based paint before every covered transaction.
Question cue
Tell and document versus repair mandate.
Terms
Buyer lead opportunity vs. renter disclosure
Difference
A homebuyer ordinarily receives a 10-day opportunity for an inspection or risk assessment unless the period is changed or waived in writing. The disclosure rule does not give a renter that same mandatory 10-day opportunity.
Question cue
Sale investigation period versus lease information package.
Terms
Mine location vs. paid claim
Difference
A mine map concerns physical location. The Illinois Mine Subsidence Disclosure Act expressly asks about mine-subsidence insurance claims paid to the transferor for the property.
Question cue
Geologic possibility versus statutory disclosure event.
Terms
Underground tank vs. leaking underground tank
Difference
A tank can exist without a confirmed release. A leaking UST file concerns a reported release and corrective-action status, which creates a different due-diligence question.
Question cue
Equipment presence versus contamination record.
Terms
Residential heating-oil tank vs. regulated UST
Difference
The Illinois seller report can ask about an underground fuel tank even when a tank used exclusively for on-premises residential heating is excluded from the regulatory UST classification. Disclosure vocabulary and regulatory classification are not identical.
Question cue
Report the known feature, then classify regulation separately.
Terms
Floodplain status vs. known flooding history
Difference
FEMA Special Flood Hazard Area status is a mapped-risk issue. Actual prior flooding is an event-history issue. Section 25 makes both relevant and adds a specific 10-year inquiry for lower-level units.
Question cue
Mapped zone versus past occurrence.
Terms
Sale flood item vs. landlord flood disclosure
Difference
A covered seller answers flood-related questions on the residential report before a sales contract. A landlord follows Section 25 before a lease or renewal and includes a signed disclosure in that agreement.
Question cue
Seller form versus tenant notice.
Terms
Owner statement vs. broker statement
Difference
The owner or other statutory party supplies the required factual disclosure. The broker explains the transaction process and follows license-law duties without inventing answers or certifying environmental safety.
Question cue
Responsible discloser versus licensed facilitator.
Terms
Known fact vs. professional diagnosis
Difference
A broker may know that a report found elevated radon or that a tank release was reported. Determining health risk, cleanup scope, engineering adequacy, or legal liability belongs to the relevant qualified professional.
Question cue
Communicate the record, do not exceed competence.

How does the Illinois rule apply?

A 1962 house has no known lead report

Scenario: A seller says there has never been a lead inspection, so the seller believes there is nothing to disclose.

  1. The age of target housing activates the federal disclosure process even when the seller has no lead report.
  2. The seller states actual knowledge, provides available records if any, delivers the EPA pamphlet and warning language, and gives the buyer the inspection opportunity.

Answer: Use the federal pre-1978 package and document that the seller has no known information or available records, if accurate.

The radon form arrives after the offer

Scenario: A buyer submits an offer on a covered Illinois home before receiving the radon pamphlet and form. The seller has not accepted.

  1. Illinois law directs the seller to complete the radon disclosure activities before accepting the offer.
  2. The buyer gets an opportunity to review the information and possibly amend the offer, so waiting for closing would miss the sequence.

Answer: Deliver and review the radon materials before acceptance.

A mine map shows old workings but no paid claim

Scenario: The property lies above a mapped mine, but the transferor has never received a mine-subsidence insurance payment.

  1. The mapped location may matter to risk, insurance, investigation, and the general seller report.
  2. The specific Mine Subsidence Disclosure Act question focuses on insurance claims paid to the transferor, so mine location alone is not a paid-claim fact.

Answer: Keep map risk and paid-claim disclosure distinct while answering any other applicable report questions truthfully.

A residence has an old buried heating-oil tank

Scenario: The seller knows a buried tank once supplied the furnace and assumes no disclosure is needed because residential heating-oil tanks can fall outside the UST regulatory definition.

  1. The statutory residential seller report separately asks whether the seller is aware of underground fuel storage tanks.
  2. A regulatory exclusion does not turn a known tank into a no answer, and the buyer may need a separate technical or records review.

Answer: Disclose the known tank on the applicable seller report and refer technical and regulatory questions to qualified professionals.

A first-floor rental flooded twice

Scenario: A landlord plans to renew a first-floor apartment lease. The property is outside the mapped 100-year floodplain but flooded twice from rainfall in the past 10 years.

  1. First floor is a lower-level unit under Section 25, and floodplain status is separate from event history.
  2. The landlord must disclose before signing, state the known frequency, include the statement in the renewal, and obtain both signatures.

Answer: Disclose the two flooding events even though the property is outside the mapped Special Flood Hazard Area.

One transaction needs several packages

Scenario: A 1972 Illinois house has an elevated radon report, a buried fuel tank, and a prior mine-subsidence claim.

  1. The covered seller report addresses known environmental conditions, while Illinois radon and federal lead laws add their own packages.
  2. The Mine Subsidence Disclosure Act addresses the paid claim, and the tank fact calls for truthful reporting plus appropriate records or technical inquiry.

Answer: Stack the applicable disclosures; do not choose one form and discard the rest.

Where do candidates misread the Illinois rule?

Trap
Environmental disclosure means one universal Illinois form.
Correction
Route each named hazard to its governing state or federal source.
Trap
A no answer on the general seller report replaces radon or lead paperwork.
Correction
The general report and a hazard-specific package can both apply.
Trap
Every Illinois seller must test for radon before sale.
Correction
The sale rule requires information and known records but does not itself create a universal testing duty.
Trap
A renter gets the federal buyer's 10-day lead inspection opportunity.
Correction
The mandatory 10-day opportunity belongs to the buyer side of the rule, not the ordinary lease disclosure process.
Trap
Lead disclosure applies only when the owner already knows lead paint exists.
Correction
Covered pre-1978 target housing triggers the disclosure process even when the owner reports no known information.
Trap
A mine map proves a paid mine-subsidence claim.
Correction
Mine location and a claim paid to the transferor are different facts.
Trap
Mine-subsidence disclosure goes only to the buyer.
Correction
The Act names both the transferee and lender.
Trap
A residential UST regulatory exclusion justifies a no answer about a known buried fuel tank.
Correction
The seller report asks about the known tank feature separately from regulatory classification.
Trap
Tank registration proves that no release occurred or that cleanup is complete.
Correction
Registration, release reporting, corrective action, and closure status are distinct records.
Trap
FEMA flood-zone status and actual flooding history are the same fact.
Correction
Section 25 makes mapped risk and event history separate disclosure subjects.
Trap
A first-floor apartment is not a lower-level unit.
Correction
The statutory definition includes garden, basement, and first-floor units.
Trap
A separate flood email is enough for an Illinois rental.
Correction
The disclosure must also appear in the written lease or renewal and be signed by both parties.
Trap
Environmental paperwork can wait until closing.
Correction
Several packages must arrive before contract or lease obligation.
Trap
The broker may invent an owner answer or guarantee environmental safety.
Correction
The broker facilitates truthful disclosure and refers scientific or legal conclusions to qualified professionals.
Trap
Only one level of law can apply to a transaction.
Correction
Federal, state, local, contractual, and professional duties can coexist.

Can you apply the rule to a fresh scenario?

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

1. An Illinois broker lists a covered 1955 single-family home. The seller has no lead records and no knowledge of lead paint. Which action best fits the federal disclosure rule?

  1. Skip lead disclosure because the seller has no actual knowledge
  2. Deliver the EPA pamphlet and warning package, state the seller's knowledge and records accurately, and provide the buyer's inspection opportunity
  3. Require the seller to abate all painted surfaces before marketing
  4. Use only the Illinois Residential Real Property Disclosure Report
Show answer and explanation

Answer: B

The pre-1978 target-housing trigger starts the information process. A lack of known information is an answer within that process, not an exemption from it. The Illinois report does not replace the federal package.

2. At the time a written agreement transfers Illinois real property, the seller has received one mine-subsidence insurance payment for that property. What does the Mine Subsidence Disclosure Act require?

  1. Oral notice to the buyer after closing
  2. Written disclosure of the paid claim to the transferee and lender as part of the written agreement
  3. A new mine survey paid for by the seller
  4. Disclosure only if the property is residential
Show answer and explanation

Answer: B

The statute covers real property transfers, identifies both the transferee and lender as recipients, and makes the disclosure part of a written transfer agreement.

3. A landlord renews the lease for a garden-level unit that flooded three times in the last 10 years. The building is not in a FEMA Special Flood Hazard Area. Which statement is correct?

  1. No disclosure is needed because the building is outside the floodplain
  2. The landlord must disclose the known flooding and frequency before signing and include the signed disclosure in the renewal
  3. Only a seller, not a landlord, has a flood disclosure duty
  4. The landlord may wait until the next flood occurs
Show answer and explanation

Answer: B

A garden-level unit is a lower-level unit. Its 10-year history duty does not disappear because the mapped flood-zone answer is negative.

4. A seller knows that a buried residential heating-oil tank remains on the property. Which is the best exam answer?

  1. Answer no on the Illinois seller report because residential heating oil is always outside every law
  2. Disclose the known underground fuel tank on the applicable seller report and investigate separate regulatory or release questions as needed
  3. Guarantee that the soil is uncontaminated if the furnace no longer uses the tank
  4. Remove the tank secretly before the buyer's inspection
Show answer and explanation

Answer: B

The disclosure-report question and UST regulatory classification are separate. The broker should communicate the known feature and route technical questions rather than guarantee an environmental conclusion.

5. A covered Illinois residential sale involves known elevated radon records. The seller has already completed the general property disclosure report. What else is most clearly required before the buyer is obligated?

  1. Nothing, because the general report is the only Illinois disclosure
  2. The IEMA-approved radon pamphlet, Illinois radon form, and the applicable records in the seller's possession
  3. A seller-paid mitigation system in every case
  4. Only an oral warning from the buyer's agent
Show answer and explanation

Answer: B

Radon has a dedicated Illinois disclosure lane. The general report and the hazard-specific materials stack when both apply, while the sale provision does not create a universal testing or mitigation mandate.

How should you review this Illinois topic?

Session
1. Name the five lanes
Focus
Radon, lead-based paint, mine subsidence, underground storage tanks, and landlord flooding
Proof you are ready
Write each governing source beside the correct hazard without notes.
Session
2. Classify transactions
Focus
Sale, lease, renewal, transfer agreement, and regulatory ownership change
Proof you are ready
Classify 20 short scenarios before selecting any document.
Session
3. Apply H-T-P-D-T
Focus
Hazard, transaction, property and parties, documents, and timing
Proof you are ready
Rebuild the framework from memory and use it on 10 mixed questions.
Session
4. Memorize timing anchors
Focus
Before obligation, at transfer agreement, before lease signing, and 30 days after a regulated UST ownership change
Proof you are ready
Put 20 document events in the correct transaction order.
Session
5. Stack the layers
Focus
General seller report, special package, broker duty, contract, and professional inquiry
Proof you are ready
List every applicable layer for five properties with multiple hazards.
Session
6. Defend the answer
Focus
Property trigger, responsible party, required record, and exact deadline
Proof you are ready
Score at least 90% on a fresh set and explain why every distractor is in the wrong lane.

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.

Practice the Illinois rule in context

From concept to decision

Drill this topic, then review the explanation

Pass Illinois gives you original national and Illinois questions, topic-by-topic study, clear explanations, timed practice, flashcards, progress tracking, and Math Coach. Start free, find the weak distinction, and focus the next session there.

Questions students ask about Illinois Environmental Disclosure Framework

What environmental disclosures are on the Illinois broker exam?

The Illinois state outline effective June 24, 2026 expressly names radon, lead-based paint, mine subsidence, underground storage tanks, and flooding for landlords. It places them within Disclosures, which accounts for 10 of the 40 scored state items on the broker examination.

Is there one Illinois environmental disclosure form?

No. Start with the hazard, transaction, property type, and recipient. Illinois radon law, federal lead law, the Mine Subsidence Disclosure Act, the Residential Real Property Disclosure Act, and the Landlord and Tenant Act impose different documents, knowledge standards, and delivery times.

Does the Illinois seller disclosure report replace a radon form?

No. The seller report asks whether the seller is aware of unsafe radon concentrations, but a covered residential sale also requires the Illinois radon pamphlet and statutory radon disclosure before the buyer is obligated. One disclosure does not substitute for the other.

What is the basic lead-based paint disclosure trigger?

Federal law generally applies to a sale or lease of target housing built before 1978, subject to defined exemptions. Before the buyer or renter is obligated, the seller or lessor provides the EPA pamphlet, known information and available records, a lead warning statement, and the required certifications. A homebuyer also receives a 10-day inspection opportunity unless changed or waived in writing.

What must be disclosed under the Illinois Mine Subsidence Disclosure Act?

At the time an agreement to transfer real property is made, the transferor must disclose in writing to the transferee and lender all mine-subsidence insurance claims paid to the transferor on that property. If the transfer agreement is written, the disclosure is part of the agreement.

How are underground fuel tanks disclosed in an Illinois home sale?

The statutory Illinois Residential Real Property Disclosure Report asks whether the seller is aware of underground fuel storage tanks on the property. A commercial or regulated tank can also bring OSFM registration, ownership-change, release, and Illinois EPA cleanup questions, so a yes answer is a cue for records and professional due diligence rather than a promise that one checkbox resolves the issue.

When must an Illinois landlord disclose flooding?

Before lease signing, every landlord must make the written disclosures required by Section 25 of the Landlord and Tenant Act about a FEMA Special Flood Hazard Area and known flooding of the rental property or parking areas. A landlord leasing a lower-level unit has an additional 10-year flooding-history duty. The disclosure must also appear in the written lease or renewal and be signed by both parties.

Does environmental disclosure require the owner to test every property?

Not as a universal rule. The Illinois seller report uses actual knowledge without requiring a special investigation, the radon sale rule does not itself require the seller to test or mitigate, and the federal lead rule requires disclosure of known information and available records rather than a seller-paid inspection. A specific statute, contract, local rule, or professional assignment may create other obligations.

What should a broker do with a known environmental fact?

Identify the governing disclosure package, tell the responsible party about the applicable duty, deliver or document the required materials within the correct sequence, and follow the broker's separate duty concerning actually known latent material adverse physical facts. The broker should not diagnose contamination or guarantee that a property is safe.

Are these official PSI Illinois broker exam questions?

No. They are original practice questions aligned to the Illinois broker outline effective June 24, 2026. The governing primary sources were reviewed through August 1, 2026.

Primary sources

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