What does the Illinois disclosure form ask about chimneys?

Chicago Chimney & Fireplace Repair · November 5, 2026

The two items, in plain terms

The disclosure form in 765 ILCS 77/35 has 24 yes, no or not-applicable items. Two of them are about the chimney and fireplace:

• Item 6: the seller is aware of leaks or material defects in the roof, ceilings or chimney.
• Item 13: the seller is aware of material defects in the fireplace or woodburning stove.
• Item 12, on material defects in the heating, air conditioning or ventilating systems, can also come up if a furnace or water heater vents into the chimney.

What counts as a material defect

The Act defines a material defect as a condition that would have a substantial adverse effect on the value of the property, or that would significantly impair the health or safety of future occupants, unless the seller reasonably believes it has been corrected.

For a chimney, that can mean a crown that lets water in, flashing that leaks into the ceiling, missing or broken flue tile, or a fireplace that spills smoke into the room. A small mortar crack is not the same as a leak that stains a bedroom ceiling every spring.

Actual knowledge, and why it matters

The form says the seller answers based on actual knowledge, without any specific investigation or inquiry. The seller is not required to hire an inspector before filling it out. The form also says it is not a substitute for any inspections, and sellers have a continuing duty to update their answers before closing if they learn something new.

That is the reason many sellers want to know before they list. A buyer's inspector will often flag the chimney, and a problem found during the deal leaves less time to decide what to do. Finding it first lets you choose between fixing it, pricing it in, or disclosing it with a written estimate in hand.

What we check for a sale

Our home-sale chimney inspection is free, and so is the written report. We go from the top of the chimney to the firebox and the basement:

• Crown, cap, brick and mortar above the roof.
• Flashing where the chimney meets the roof, and the attic or ceiling below it.
• Flue tile and liner as far as we can see from the top and bottom, with a camera scan priced at the inspection if a hidden problem is suspected.
• Damper, firebox and smoke chamber.
• Which furnace, boiler or water heater vents into which flue.

Who fills out the form

The form is the seller's. We do not fill it in and we do not tell you how to answer it. Our report gives you photos, what we found and a written price for any repair, so you and your agent or attorney can decide what to do with it.

If repairs make sense before listing, typical 2026 ranges include crown repair from $150 to $700, flashing from $300 to $1,800, and general chimney repair from $200 to $7,000 depending on size.