ARTICLE · 30 MARCH 2004

Proposed Mold Legislation: A New Ambiguous Burden on Illinios Real Estate

Gardner Carton & Douglas

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Important new legislation that would significantly impact the real estate industry has been introduced in the Illinois General Assembly. Entitled the "Toxic and Pathogenic Mold Protection Act" (H.B. 4593), the proposed Act attempts to address the effects of indoor mold on human health as well as property interests. The provisions of the Act fall into two key areas: (1) establishment of various standards and guidelines; and (2) disclosure requirements for sellers, landlords, and tenants

United StatesLitigation, Mediation & Arbitration

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Proposed Mold Legislation: A New Ambiguous Burden on Illinois Real Estate
What Condemnation Takes Away, Damages to the Remainder May Give Back

Important new legislation that would significantly impact the real estate industry has been introduced in the Illinois General Assembly. Entitled the "Toxic and Pathogenic Mold Protection Act" (H.B. 4593), the proposed Act attempts to address the effects of indoor mold on human health as well as property interests. The provisions of the Act fall into two key areas: (1) establishment of various standards and guidelines; and (2) disclosure requirements for sellers, landlords, and tenants. Consequences of various ambiguities under the Act, as currently proposed, could impose significant hardships on some parties that are not in a position to address the requirements of the Act.

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