Illinois § 15

§ 15.

Seller exemptions. A seller in any of the following transfers is exempt from this Act, regardless of whether a disclosure report is delivered: (1) Transfers pursuant to court order, including, but not limited to, transfers ordered by a probate court in administration of an estate, transfers between spouses resulting from a judgment of dissolution of marriage or legal separation, transfers pursuant to an order of possession, transfers by a trustee in bankruptcy, transfers by eminent domain, and transfers resulting from a decree for specific performance. (2) Transfers from a mortgagor to a mortgagee by deed in lieu of foreclosure or consent judgment, transfer by judicial deed issued pursuant to a foreclosure sale to the successful bidder or the assignee of a certificate of sale, transfer by a collateral assignment of a beneficial interest of a land trust, or a transfer by a mortgagee or a successor in interest to the mortgagee's secured position or a beneficiary under a deed in trust who has acquired the real property by deed in lieu of foreclosure, consent judgment or judicial deed issued pursuant to a foreclosure sale. (3) Transfers by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust. As used in this paragraph, "trust" includes an Illinois land trust. (4) Transfers from one co-owner to one or more other co-owners. (5) Transfers from a decedent pursuant to testate disposition, intestate succession, or a transfer on death instrument. (6) Transfers made to a spouse, or to a person or persons in the lineal line of consanguinity of one or more of the sellers. (7) Transfers from an entity that has taken title to residential real property from a seller for the purpose of assisting in the relocation of the seller, so long as the entity makes available to all prospective buyers a copy of the disclosure report furnished to the entity by the seller. (8) Transfers to or from any governmental entity. (9) Transfers of newly constructed residential real property that has never been occupied. This does not include rehabilitation of existing residential real property. (Source: P.A. 102-765, eff. 5-13-22.)