(A) Transfer stamp required. No owner, agent or person in charge of a single- or multi-family residential unit or structure or commercial or industrial unit or structure or vacant lot or parcel of land (hereinafter “applicable property”) shall sell, convey, quit claim, trade or otherwise transfer same unless and until the grantor or seller obtains a city-issued transfer stamp. The purpose of the transfer stamp is to evidence compliance with the inspection, water meter reading and payment of all outstanding fees required prior to the transfer of real estate as stated within this section. This requirement shall be reflected on all real estate title insurance reports and copies of this section shall be sent to all title insurance companies with notice that a mandatory transfer stamp is required on any transfer of ownership of real estate in the city. The transfer stamps are not transferable nor refundable. The Cook County Clerk shall not record a deed unless a transfer stamp is affixed to the deed.
(B) Transfer stamp requirements. The following are required before the city may issue a transfer stamp:
(1) Payment by the seller of the inspection and transfer stamp fees, as follows:
Residential sale property inspection fee | $200 (one re-inspection within 60 days) |
Expedited fee: $275 | |
Commercial sale property inspection fee | $300 (one re-inspection within 60 days) |
Expedited fee: $375 | |
Residential sale re-inspection fee | $100 (required after 60 days and for all additional re- inspections) |
Commercial sale re-inspection fee | $200 (required after 60 days and for all additional re- inspections) |
Transfer stamp fee | $100 (for each permanent index number) |
Expedited fee: $150 (for each permanent index number) | |
(2) A property inspection conducted by the Building and Housing Department, as evidenced by a property inspection report.
(3) Payment of all outstanding taxes, liens, charges and/or fines owed to the city for the property or in the name of the seller.
(4) A final water meter reading and payment of all charges due for water and sewer based upon the final meter reading.
(C) Application. The owner of applicable property shall file an application for a transfer stamp with the Building and Housing Department and an application for final meter reading with the Water Department not less than 21 days prior to any applicable transfer of property under this section.
(D) Expedited applications. Applications made less than 21 business days prior to the applicable transfer shall be subject to the expedited fees stated herein.
(E) Inspection. An inspector in the Building and Housing Department will be available at an appointed time as mutually agreed upon with the applicant to inspect such dwelling or structure. If such inspection establishes that the dwelling or structure complies with the minimum provisions of the city’s code, then the city shall issue a passing property inspection report.
(F) Violation report, as-is affidavit, inclement weather affidavit. In the event the property inspection shows the property does not meet the minimum requirements of this code, the Building and Housing Department shall issue a violation report.
(1) The buyer or transferee of the property shall be required to execute an “as-is sale affidavit” and take responsibility for correcting the violations listed within 30 days of transfer. The city may only extend the time for completion of the violations in writing upon the request of the buyer or transferee.
(2) If a property is purchased during inclement weather (October to March) the buyer or transferee of the property shall be required to execute an “inclement weather affidavit” and take responsibility for correcting the violations listed by May 1 following the date of transfer. The city may only extend the time for completion of the violations in writing upon the request of the buyer or transferee.
(3) Failure to comply with the as-is affidavit or inclement weather affidavit and repair all violations shall result in penalties including but not limited to: the issuance of citations; nuisance abatement by the city or the pursuit of additional legal and equitable remedies.
(4) Temporary certificate of occupancy. If the violation report does not include any life safety violations, the Building and Housing Department may issue a temporary certificate of occupancy for a period of no more than six months for the following reasons: an occupied property that is purchased with a current tenant or a property that is purchased during inclement weather (October to March). The city may extend a temporary certificate of occupancy for an additional period of up to six months upon the written request of the owner; provided that, the new owner, agent or person in charge of such unit or structure has completed 50% or more of all necessary and required repairs. In the event the violations enumerated in the violation report are not corrected within the six-month duration of the temporary certificate of occupancy and any agreed upon extension thereto, the temporary certificate of occupancy shall be revoked and the owner shall be subject to all citations, fees, fines and legal action available to the city.
(G) Disclaimer. The city does not warrant the condition of any property inspected and shall not be responsible for any claims arising out of the property or the condition thereof. The city does not warrant that all deficiencies are listed in the inspection report and does not warrant anything as to the condition of the property or the liability thereof. The issuance of the inspection and transfer stamp and/or temporary certificate of occupancy shall not operate as a waiver of any right of the city to prosecute an owner or occupant of any real estate for any violation of any city ordinance.
(H) Exempt transfers. Where the city is the transferor of real estate, the transaction shall be exempt from the requirements of this section and an exempt transfer stamp shall be issued.
(I) Penalty. Any person, owner, agent, firm or corporation violating the terms and provisions of this § 151.30 shall be subject to a fine of not less than $100 nor more than $750. Each day that a violation continues shall be deemed a separate offense. In addition to the foregoing penalties, the city may also institute a civil action against the violator to compel compliance with this § 151.30. In the event civil action is necessary, then the city may recover reasonable attorney’s fees and costs from the violator.
(Prior Code, § 151.25) (Ord. 06-O-1857, passed 5-3-2006; Ord. 06-O-1868, passed 7-5-2006; Ord. 08-O-1914, passed 4-2-2008; Ord. 19-O-2242, passed 12-4-2019; Ord. 21-O-2307, passed 8-18-2021; Ord. 23-O-2374, passed 10-4-2023)