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How to Buy a Home in Illinois

Last updated September 17, 2026

Illinois’ home-buying process runs on the familiar sequence — offer, inspection, financing, title, closing — but a few pieces of it work differently than in most of the country. The closing table itself usually looks like a title-company closing, but Illinois builds attorney involvement into the front end of the deal instead, layers transfer taxes at multiple levels of government, and has one of the more specific radon disclosure rules in the country. This walks through where Illinois’ process diverges, and where RefPages’ own directories go deeper on a specific step.

The closing itself runs through escrow — but every Illinois contract has an attorney review period

Illinois doesn’t legally require an attorney to conduct the closing appointment; that’s typically handled by a title or escrow company, similar to states like Florida or Indiana. What makes Illinois distinctive is earlier in the process: the standard residential purchase contract used across most of the state builds in an attorney review period — commonly five business days starting the business day after both parties sign — during which either side’s attorney can approve the contract as written, propose modifications, or terminate it outright, without the penalty that would normally apply to backing out. Earnest money goes to a designated escrow agent, often one of the attorneys’ offices, during this window.

This isn’t a statute mandating an attorney at the closing table; it’s a matter of standard contract practice used throughout Illinois real estate, embedded directly in the purchase agreement form itself. In practice, it means most Illinois buyers and sellers do hire an attorney — just for this negotiation window rather than to physically run the closing, which is still usually a title company’s job.

Title, recording, and a Cook County exception

Before closing, a title search gets run against the county’s recorded records to confirm the seller actually owns the property clear of undisclosed liens or competing claims. Outside Cook County, Illinois counties are overseen for assessment purposes by a Supervisor of Assessments and record documents through an elected County Recorder. Cook County runs differently: it has a large elected County Assessor, and folded its Recorder’s functions into the County Clerk in December 2020. RefPages’ County Records directory links to your specific county’s assessment and recording offices, whichever model applies where you’re buying.

Transfer tax stacks at the state, county — and often municipal — level

Illinois charges a state real estate transfer tax of $1.00 per $1,000 of the sale price, plus a county transfer tax of $0.50 per $1,000 in the counties that impose one. On top of that, individual municipalities can — and many do — layer on their own transfer tax, and these vary widely: Chicago’s is considerably higher than the state and county rates combined, and its ordinance splits the burden between buyer and seller rather than putting it entirely on one side. Every deed filed for recording needs a completed PTAX-203 Real Estate Transfer Declaration regardless of whether tax is actually owed. By custom, the seller typically covers the state and county portions, but who pays what at the municipal level is genuinely local — confirm your specific city or village’s rate and allocation before you budget for closing costs.

What sellers have to tell you, including a distinctive radon rule

Illinois’ Residential Real Property Disclosure Act requires most sellers to complete a statutory disclosure form covering known material defects in the property’s condition. Layered on top of that, the Illinois Radon Awareness Act requires a separate, specific step most states don’t have: before you’re contractually bound to buy, the seller has to give you the state’s radon information pamphlet and a radon disclosure form, and must turn over any radon test results showing elevated levels that they actually possess. Sellers don’t have to test for radon themselves — but if they’ve already tested and found a problem, they can’t sit on that result. Given how common elevated radon readings are across parts of Illinois, it’s worth testing yourself during your inspection period regardless of what the seller has or hasn’t disclosed.

Permits and other work before or after closing

If an inspection turns up something that needs a permit — roof, electrical, a prior unpermitted addition — RefPages’ Building Permit Departments directory links to the relevant city or county permitting office. An open or missing permit is also worth raising directly with the seller during your attorney review window, since it’s the kind of issue that’s easier to negotiate before the contract becomes binding than after.

Frequently Asked Questions

Do I need a lawyer to buy a home in Illinois?

Not to run the closing itself — that's typically handled by a title or escrow company, the same as many other states. But Illinois practice builds attorney involvement in earlier: the standard residential purchase contract includes an attorney review period, usually five business days after both sides sign, during which either party's attorney can approve, request changes to, or cancel the contract without penalty. Most Illinois buyers and sellers use an attorney for that window even though nothing requires an attorney to physically run the closing table.

Who pays Illinois' real estate transfer tax?

By custom, the seller pays the state and county transfer tax — $1.00 per $1,000 of sale price to the state and typically $0.50 per $1,000 to the county. Municipalities can add their own on top, and the amount and who pays it varies significantly by city; Chicago, for instance, charges considerably more and splits it between buyer and seller by ordinance. Confirm your specific municipality's rate and allocation rather than assuming the state-level custom applies everywhere.

Does Illinois require radon disclosure?

Yes. Under the Illinois Radon Awareness Act, a seller must give the buyer the state's radon information pamphlet and a radon disclosure form before the buyer is contractually obligated to purchase — and must disclose any radon test results showing elevated levels that the seller actually has. Sellers aren't required to test for radon themselves, but they can't withhold results they already have.

Sources

This guide is general information, not legal, tax, or title advice — always confirm current requirements with the relevant county office or a licensed professional before relying on it for a transaction.