Closing Issues for Sellers, Part 1: What You Need to Handle Before the Deal Is Done

Selling your home is more than accepting an offer and waiting for the check. What happens between contract and closing can make or break the deal or worse, come back to haunt you after you’ve handed over the keys. One of the biggest mistakes sellers make is assuming that closing is just a formality. It’s not. If you skip over the details, you might find yourself on the receiving end of a demand letter or lawsuit months after you’ve moved out.

If you’re selling property in Illinois or Indiana, there are steps you can take before closing to reduce your risk, protect your reputation, and make sure the sale sticks.

Inspect It Before They Do

A strong home inspector can be your best defense, even as the seller. Most people think inspections are only for buyers, but getting a pre-listing inspection can uncover issues before they turn into deal-breakers. Foundation cracks, plumbing leaks, and electrical problems are the kinds of things that spark post-closing disputes. And once you’re out of the house, those problems become legal ones.

You don’t want to be accused of hiding something. If you’ve lived in the property a long time, there may be repairs or damage you’ve forgotten about. Buyers often hire their own inspectors, but if something is missed, especially a hidden issue like a crack behind insulation, you could still be blamed. Getting your own inspection up front helps you fix problems, disclose properly, or price the property accordingly. Think of it like calling in Batman before the Joker causes chaos: better to be proactive than reactive.

Be Thorough with Disclosures

In Illinois, sellers must complete a Real Property Disclosure Statement. This form includes over 20 questions about the condition of the home. It asks about past flooding, roof defects, foundation problems, electrical and plumbing systems, and more. Indiana has a similar disclosure form for residential sales. These aren’t optional, and more importantly, they’re legally binding.

If you mark “no problems,” but a buyer later finds out you had the basement repaired for flooding or hired someone to fix a foundation issue, you could be at risk. The key isn’t just filling out the form. It’s doing so honestly and with attention to detail.

That doesn’t mean you have to list every leaky faucet you ever fixed. But if you knew about a recurring issue, had it repaired, and it came back or never really got resolved, you need to disclose it. If it’s something you weren’t aware of, that’s different. But if you had any inkling of a long-standing problem, don’t assume it’s safe to leave it off the disclosure.

Selling Soon? Get It Right Before You Sign

It’s tempting to rush through closing prep, especially in a competitive market. But skipping steps now can mean court dates later. If you’re selling a property in Illinois or Indiana, Auricchio Law Offices can walk you through the legal side of the deal, from disclosures to inspections to everything in between. Let’s make sure you’re protected before the sale is final.

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Auricchio Law Offices

Auricchio Law Offices in Chicago provides a complete range of real estate services. We facilitate residential and commercial real estate transactions, advise and represent condominium associations, and represent property owners in real estate litigation. Whatever your real estate issue, we will work diligently to achieve your goals in a timely and efficient manner.

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