State guide

Selling and buying without an agent in Illinois

What changes in Illinois: who runs the closing, what you must disclose, and the taxes on a transfer. The national steps still apply; this is the local layer on top.

Closing handled by
Title company or attorney
Attorney customary
Yes
Transfer tax
Illinois charges a state transfer tax on the deed and every county adds $0.25 per $500 of value, while home rule cities like Chicago layer on a much steeper tax of their own.
Seller disclosure
Sellers must deliver the statutory Residential Real Property Disclosure Report before the contract is signed, plus a separate radon disclosure and IEMA pamphlet under the Radon Awareness Act.

Who runs your closing

Illinois is an attorney state by custom rather than statute. No law forces you to hire a lawyer, but the standard residential contract used across the state carries an attorney-review clause, and in the Chicago area nearly every buyer and seller has one. A title company handles the mechanics: it runs the title search, issues title insurance, holds the funds, prepares the settlement statement, and records the deed. Your attorney reviews and clears the contract, resolves title objections, and represents you at the closing table. Downstate, more sales close through the title company alone, but an attorney is cheap insurance.

What you must disclose

Illinois requires the statutory Residential Real Property Disclosure Report, set out in 765 ILCS 77. You must deliver it to the buyer before the contract is signed, disclosing known material defects across roughly 23 listed conditions, from the roof and foundation to flooding, boundary problems, and unsafe environmental conditions. Answer from what you actually know; the duty is about your knowledge, not a home inspection. Two extra items catch sellers off guard. Under the Radon Awareness Act, 420 ILCS 46, you must give the buyer a radon disclosure and the IEMA pamphlet before the contract. The report also asks whether the property was ever used as a methamphetamine lab.

Transfer taxes

Illinois taxes the deed at several levels. The state charges 50 cents for each $500 of value, and every county adds another 25 cents per $500, so the state and county together come to 75 cents per $500, or $1.50 per $1,000. The wild card is local. Home rule municipalities can levy their own transfer tax, and in many of them the seller is the one who pays it. Chicago’s is by far the steepest, several dollars per $500 and split between buyer and seller. Check your city’s ordinance early, because a local levy can dwarf the state and county pieces.

The bottom line for doing it yourself

Selling without an agent in Illinois is very workable, but plan for a lawyer. A few hundred dollars for an attorney to review the contract and clear title is normal here and worth it. Your own jobs are pricing the home, filling out the disclosure report honestly, and delivering the radon paperwork before anyone signs. If you are in Chicago or another home rule city, price the local transfer tax into your net from the start. This is general information, not legal advice.

Sources used on this page

Every legal, tax, and process claim on this page traces to one of these. We re-check them on a schedule and date the page when anything changes.

  1. 765 ILCS 77 (Residential Real Property Disclosure Act)Illinois General Assembly · ilga.gov
  2. Real Estate Transfer TaxIllinois Department of Revenue · tax.illinois.gov
  3. Transfer Taxes in IllinoisAttorneys' Title Guaranty Fund, Inc. · atgf.com

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