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Contract Guide

The Multi-Board Contract 8.0, explained

Nearly every home purchase in Chicagoland is written on the Multi-Board Residential Real Estate Contract. Here's every paragraph in plain English — and, where it matters, the negotiating point hiding inside it. Tap any paragraph to expand.

The deal itself (Paragraphs 1–7)

Paragraph 1 The Parties

Names the buyer and seller. If one agent represents both sides (dual agency), it must be flagged here and confirmed in optional Paragraph 30.

Paragraph 2 The Real Estate

Identifies the property: address, tax PIN, and property type. Crucially for condos, this is where designated parking and storage are spelled out — including whether they're deeded (you own them), limited common elements, or merely assigned.

Negotiating point: Deeded parking in Chicago can be worth $25K–50K+. Make sure any parking or storage you expect is written here with the right designation — 'assigned' can be reassigned; 'deeded' is yours.
Paragraph 3 Purchase Price & Payment

States the price, any seller credit toward your closing costs, and the earnest money: how much, and when the initial and additional deposits are due (lines 22–27).

Negotiating point: Three levers live here: the price, a closing-cost credit (effectively lowers your cash to close), and the earnest money amount — a larger deposit signals a serious buyer and strengthens an offer without costing you anything extra at the end.
Paragraph 4 Seller Contribution to Buyer Brokerage Compensation

New in the post-2024 era: the parties record whether the seller will contribute to the buyer's brokerage compensation — a percentage, a flat amount, or nothing.

Negotiating point: This is now an explicit negotiation in every deal. A seller contribution here directly reduces the buyer's out-of-pocket; sellers weigh it against the net. We'll strategize this with you before the offer goes out.
Paragraph 5 Closing

Sets the closing date and establishes it happens at the title company's office nearest the property.

Negotiating point: Timing is currency. Matching the seller's preferred date — fast for an empty house, longer for a seller who needs to find their next home — can beat a higher-priced competing offer.
Paragraph 6 Possession

You get possession at closing — keys delivered, occupants out — unless the parties use optional Paragraph 35 for post-closing possession.

Negotiating point: If the seller needs time after closing, that's leverage: a rent-back under Paragraph 35 (with escrow protection) can make your offer the easy choice.
Paragraph 7 Fixtures & Personal Property

A long checklist of what stays: appliances, window treatments, TV mounts, smart thermostats, EV chargers, and so on. Seller warrants items are in operating condition at possession — and lines 67–68 define 'operating' generously: it performs its function, regardless of age.

Negotiating point: Check everything you expect to keep — assumptions are where post-closing disputes are born. Washer/dryer and kitchen appliances are the classics; video doorbells and EV chargers are the new battlegrounds.

Money, financing & protections (Paragraphs 8–12)

Paragraph 8 Financing

You initial exactly one: (a) a financing contingency — deadline of 45 days after acceptance or 5 business days before closing, whichever is earlier (lines 70–71), specifying loan type, rate cap, and down payment; (b) all cash; or (c) cash but financing allowed, with no financing contingency.

Negotiating point: The financing contingency is your biggest protection and the seller's biggest anxiety. Rate caps and loan terms written here define when you can walk with your earnest money. Waiving it (option c) makes an offer dramatically stronger — and dramatically riskier. This is a conversation, not a checkbox.
Paragraph 9 Homeowner Insurance

The contract is contingent on you obtaining evidence of insurability within 10 business days. Miss the window and the contingency is waived.

Paragraph 10 Flood Insurance

If the property sits in a special flood hazard area, you may declare the contract void within 10 business days (or by the financing deadline). Check the FEMA flood map on our Resources page before you're in this position.

Paragraph 11 Statutory Disclosures

Records whether you received the Illinois property disclosure, lead paint disclosure and pamphlet, and radon materials before signing.

Negotiating point: Read the seller's disclosure closely — what it reveals (and what it dodges) shapes your inspection strategy.
Paragraph 12 Prorations

Because Illinois taxes are paid in arrears, the seller credits you for accrued-but-unbilled taxes at closing, calculated at a negotiated percentage of the most recent tax bill (lines 147–149).

Negotiating point: The proration percentage is a real number with real dollars attached. 105–110% is the customary range — the cushion protects you against reassessment increases. Your attorney and we will push for the right figure, especially in reassessment years.

Review, inspection & condition (Paragraphs 13–17)

Paragraph 13 Attorney Review

Within 5 business days, each side's attorney can approve, disapprove (not solely over price), or propose modifications. If modifications aren't resolved within 10 business days, either party can terminate (lines 173–176). Serve nothing within the 5-day window and review rights are waived entirely (lines 182–183).

Negotiating point: This window is where the deal gets refined — credit requests, language fixes, deadline extensions. It's also why the attorney you hire matters; we'll connect you with ones who negotiate rather than rubber-stamp.
Paragraph 14 AS-IS Condition (optional)

If initialed, you take the property as-is: no warranties about condition, and the Paragraph 7 operating-condition warranty is off (lines 192–194). Inspection rights survive only if Paragraph 15 b) or c) is initialed.

Negotiating point: Sellers of estates and investors often insist on as-is. It's not automatically bad — price should reflect it, and keeping your inspection right (with the ability to walk) preserves your protection.
Paragraph 15 Inspections

Initial one: (a) waive inspections; (b) inspect with the right to request repairs — but only for major components (heating, plumbing, electrical, roof, structure...), not cosmetics; or (c) inspect with no repair requests — a pure yes/no within 5 business days. Important quirk: don't send the inspection report to the seller unless they request it in writing (lines 220–222) — doing so can let the seller terminate.

Negotiating point: b) vs c) is strategy: b) keeps the repair conversation open; c) reads stronger to sellers while preserving your exit. And know the major-component rule — asking for cosmetic fixes under b) can actually hand the seller a termination right.
Paragraph 16 Additional Inspections

Optional add-ons: a termite/wood-destroying insect report (seller's expense) and, for homes not on city services, well and septic testing with a $5,000 remedy threshold.

Negotiating point: For any house with a yard in the suburbs, initial the insect inspection — it's the seller's cost, not yours.
Paragraph 17 Condo & Association Provisions

For condos and HOAs: seller pays assessments levied before closing and special assessments confirmed before acceptance; you get the association documents and the right to void the deal within 5 business days if they reveal unacceptable rules, restrictions, or finances.

Negotiating point: Proposed-but-unconfirmed special assessments are the classic condo trap — between acceptance and closing, a new assessment triggers a 3-business-day negotiation, and either side can walk. Read the budget, reserves, and minutes like your money depends on it, because it does.

Title, closing mechanics & legal boilerplate (Paragraphs 18–29)

Paragraph 18 The Deed

Seller conveys good and merchantable title by warranty deed and pays the state and county transfer stamps.

Paragraph 19 Municipal Ordinances & Transfer Tax

Some municipalities have their own transfer taxes and pre-closing inspection requirements; each is paid by whoever the local ordinance designates — unless the parties agree otherwise.

Negotiating point: In Chicago, the buyer customarily pays the larger city transfer tax portion and the seller the CTA portion — but 'unless otherwise agreed' means it's negotiable, and in some suburbs the split differs. Know your municipality before you write the offer.
Paragraph 20 Title

Seller provides a title insurance commitment before closing; unpermitted exceptions or survey encroachments must be removed or insured over.

Paragraph 21 Plat of Survey

For non-condos, the seller delivers a current staked boundary survey no later than a day before closing. A 'mortgage inspection' doesn't count.

Negotiating point: Walk the staked corners at your final walkthrough — fences and driveways that cross lot lines are far easier to address before closing than after.
Paragraph 22 Damage Before Closing

If the property is materially damaged before the deed is delivered, you choose: terminate with your earnest money back, or take the property plus the insurance proceeds.

Paragraph 23 Condition at Possession

Broom clean, everything not sold to you removed, and you may re-inspect before possession to verify the property matches its condition at acceptance, normal wear excepted.

Paragraph 24 Seller Representations

Seller certifies no known code violations, boundary disputes, unpermitted improvements, pending special assessments, and more — representations that are re-made as of closing and survive it.

Paragraphs 25–29 The Machinery

Business days defined (Mon–Fri, 8am–6pm Chicago time), e-signatures are valid, earnest money release mechanics (Paragraph 27), how legal notices must be served (Paragraph 28), and 'time is of the essence' — deadlines are real, and the losing party in litigation pays the winner's attorney fees (Paragraph 29).

Negotiating point: Nothing to negotiate here, but everything to respect: this contract's deadlines are hard. Miss a contingency date and the right is simply gone. This is why we track every date from acceptance day one.

Optional paragraphs — only if initialed (Paragraphs 30–38)

Paragraph 30 Dual Agency Confirmation

Confirms both parties consent to one licensee representing both sides.

Paragraph 31 Sale of Buyer's Home Contingency

Makes the purchase contingent on selling (or closing) your current home by set dates — with the seller keeping the right to market their property. If they get another offer, they can serve a 'kick-out' notice giving you a set number of hours to waive the contingency (and deposit additional earnest money) or walk.

Negotiating point: Sellers resist this contingency in hot markets; the kick-out clause is what makes it palatable. If you receive a kick-out notice, the waiver only counts once the additional earnest money is deposited — the deadline math here is unforgiving.
Paragraph 32 Cancellation of Prior Contract

Used when this deal depends on a prior contract being cancelled — the backup-offer paragraph.

Negotiating point: Backup offers cost nothing to make and occasionally win. If a seller has a shaky deal in attorney review, being the ready backup is a real strategy.
Paragraph 33 Home Warranty

Seller provides a prepaid home warranty policy at a stated cost.

Negotiating point: A modest ask (typically $500–800) that sellers often concede — worthwhile on older homes with aging mechanicals.
Paragraph 34 Alternative Energy (Solar)

For solar panels: owned outright, financed, or leased — with document delivery and the right to cancel if agreements can't be terminated or assigned.

Negotiating point: Leased solar panels are a monthly obligation you inherit. Get the agreements early and have your attorney confirm the terms transfer cleanly — or negotiate the payoff.
Paragraph 35 Possession After Closing (Rent-Back)

The seller stays after closing until a set date, backed by an escrow (default 2% of the price if left blank — lines 532–534): a per-day rate to you through the possession date, and three times that daily rate for any holdover beyond it.

Negotiating point: The per-day rate should at least cover your daily carrying cost (mortgage, taxes, insurance). The 3× holdover multiplier is your protection — don't let it get softened.
Paragraph 36 Specified Party Approval

Contract contingent on approval by a named person — the classic 'my dad the contractor needs to see it' clause — within 5 business days.

Paragraphs 37–38 Addendums & Special Provisions

Checkboxes to incorporate approved addendums (appraisal contingency, multi-unit, short sale...) and frameworks for special deal structures like new construction or commercial.

Negotiating point: The appraisal addendum matters when you're bidding over asking with a financing contingency waived or capped — it defines what happens if the appraisal comes in low. Ask us when it belongs in your offer.
The fine print about the fine print: This guide is educational, not legal advice — every transaction is different, and your attorney reviews and negotiates the actual contract during attorney review (that's Paragraph 13, and it's a feature, not a formality). The Multi-Board Residential Real Estate Contract 8.0 is © Multi-Board Joint Venture; the official form is available through the Illinois Real Estate Lawyers Association (irela.org).

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