Five Things You'll Need to Do Before You Can Sell Your Home

 Posted on June 30, 2026 in Real Estate

Selling a home involves a lot of work besides putting up a "For Sale" sign, posting good pictures of your home online, and waiting for the offers to come in. Illinois law requires sellers to take a number of specific actions in order for the closing to get accomplished, and the process of getting from "for sale" to "sold" requires preparation that many homeowners totally underestimate. 

Starting the process of selling your home early — first, by understanding everything the law requires you to do — can prevent delays at closing and help you get the most out of your home selling experience. Our knowledgeable Hillside, IL residential real estate attorney is here to help every step of the way. 

1. Complete Your Illinois Property Disclosure Form Accurately

Under the "Illinois Residential Real Property Disclosure Act" (765 ILCS 77), persons who are selling their homes are required to disclose known material defects to potential buyers before a contract is signed. The disclosure covers conditions like roof damage, foundation issues, water intrusion, problems with plumbing or electrical systems, and hazardous materials like asbestos or lead paint.

The important word in the law is "known." You are not required to hire an inspector to find hidden problems before you sell your house. But if you are aware of an issue, even if it’s one you consider minor, not disclosing it can expose you to legal liability, even after your sale closes.

Many sellers choose to obtain a pre-listing inspection anyway, just to be on the safe side. The law doesn’t require it, but getting a pre-listing inspection gives sellers time to address problems on their own terms, rather than during a buyer's inspection contingency time period, when the seller has less leverage.

2. Clear Any Title Issues Before Listing

A clean legal title to the property is a prerequisite for selling your home. Title problems can surface during the title search which is conducted after a contract is signed, and such problems can delay or even cancel a closing entirely. 

Common title issues in Illinois include:

• Unpaid contractor or mechanic's liens;

• Unresolved mortgage liens from a prior refinance;

• Errors in how previous owners were named in deeds; and,

• Undisclosed easements.

Working with a skilled real estate attorney early in the home selling process allows you to identify and address these issues before you’re dealing with the pressure of a buyer being in the picture. Trying to resolve a title problem under the pressure of a closing deadline can be stressful, as well as expensive.

3. Find Out What You’ll Need to Pay at Closing

Sellers in Illinois are responsible for a number of costs at closing that can come as a surprise to someone selling their home for the first time. Understanding these obligations in advance helps you set a realistic asking price and avoid unpleasant surprises on closing day.

Illinois imposes a Real Estate Transfer Tax at the state level, and both Cook County and many municipalities — including Oak Park — impose their own transfer taxes on top of that. Oak Park's transfer tax rate is among the higher ones in the Chicago area, so Oak Park sellers need to factor that into their net proceeds calculations.

Other common seller costs include paying off the existing mortgage, prorated property taxes, title insurance for the buyer, and real estate agent commissions. An experienced real estate attorney can help you put together a realistic estimate of your net proceeds before you negotiate or accept an offer.

4. Review Your Contract Carefully During the Attorney Review Period

In Illinois, residential real estate contracts typically include a five-business-day attorney review period after the contract is signed by both parties. During this window, either party's attorney can approve, reject or propose modifications to the contract without penalty. This is one of the most important as well as most underused protections available to Illinois home sellers.

The standard contract forms used by most real estate agents are written to cover many common situations, but your situation may not be common. For example, issues like some personal property items staying with the home, a leaseback arrangement that lets you stay in the home for a while after closing, repair credits or specific closing date requirements all need to be addressed clearly in the contract. Waiting until after the attorney review closes to raise these issues puts you in a much weaker position.

5. Get Ready for the Closing Process

Closing on a home in Illinois is not as simple as signing a stack of papers. Sellers need to:

• Obtain the accurate mortgage payoff amount in writing from their lender;

• Coordinate the transfer of utility accounts;

• Address any repair obligations agreed to after the buyer's inspection;

• Provide all required keys, garage openers and access codes; and,

• Review the final closing statement carefully before signing

Your attorney will help you make sure everything is ready to go before you meet to sign the closing documents. However, many of these tasks need to be completed on your own. You’ll need to be organized and careful so you don’t miss important details or make mistakes. The most successful sellers take careful notes for themselves and schedule tasks ahead of time so they aren’t left scrambling at the last minute. 

Do I Need a Lawyer to Sell My House in Illinois? 

Illinois is an "attorney state," meaning it is standard practice in Illinois for both buyers and sellers to have legal representation at closing. The law doesn’t require having an attorney when you sell your home, but it is practically impossible to do it without one, and you probably wouldn't want to. 

Your attorney will handle many important things for you, including calculating and then submitting certain figures to the title company, reviewing the closing documents, confirming that the final numbers match what you already agreed to, and producing the deed and other transfer documents related to legally conveying your property to the buyers.

A closing that goes smoothly is the product of a client who works closely with an experienced Illinois real estate attorney who is prepared and detail-oriented. 

Call an Oak Park Residential Real Estate Attorney Today

Selling your home is one of the biggest financial moves most people ever make, and getting the details exactly right is important. At the Law Office of Vincent C. Machroli, P.C., our Hillside real estate lawyer with 39 years of experience is ready to guide you through the home selling process from listing through closing. Call 708-449-7404 today to schedule a no-charge initial consultation, and get your home sale process started right.