REALTORS® challenge an inspection program in Sauk Village
Several Illinois municipalities have “point of sale” home inspection programs. Sellers of single-family homes must contact their municipalities when they list their homes for sale or rent. The municipality conducts an inspection to enforce compliance with property maintenance codes. Illinois REALTORS® has worked with municipal officials to make sure these programs do not unduly interfere with transactions and allow due process for property owners.
In December 2019, Illinois REALTORS® and the Mainstreet Organization of REALTORS® initiated a lawsuit against Sauk Village (southern Cook County) after the village imposed a set of procedures that created new burdens for sellers and buyers. The village started to use private home inspectors for these inspections, and REALTORS® and sellers reported their standards were unclear and, at times, seemed capricious. In addition, the village had no contractual agreement with the inspection company, making standards on performance and accountability even more unclear.
The lawsuit was filed after REALTOR® representatives attempted several times to get clarification and to amend existing Code to assure clear procedures, the need for consent and due process (e.g. an owner’s right to appeal a determination made by an inspector). The National Association of REALTORS® (NAR) helped with the lawsuit by providing financial assistance.