Quick answer: When selling your house, do not tell buyers or their agents your lowest price or your deadline, skip small talk at showings, do not shade the truth on your disclosure report, and do not describe a neighborhood by the people who live there. Tell your own listing agent everything. That is what their confidentiality duty is for.
Selling a house is strangely social. People walk through your kitchen, ask friendly questions, and sometimes you are standing right there in the driveway when they do. It is natural to want to be helpful.
A little too helpful can cost real money, or worse. Here is what to keep to yourself, what you cannot keep to yourself, and the one person you should tell absolutely everything.
Keep your bottom line and your deadline to yourself
The most expensive sentences in a home sale are usually short.
- “We’d probably take a little less.”
- “We already closed on our new place.”
- “My new job starts in three weeks.”
- “We just need this done.”
Every one of those tells a buyer that you have less room to wait than they do. And a buyer who knows that tends to offer less.
It matters who you are saying it to. A buyer’s agent is not a neutral party. Under the Illinois Real Estate License Act, an agent representing a client has to promote that client’s best interest, which includes disclosing material facts about the transaction to them. If you mention your deadline to the buyer’s agent at a showing, assume it reaches the buyer.
If someone asks why you are selling, a short, true, boring answer is fine: “We’re ready for a change,” or “Our needs have changed.” You do not owe anyone your timeline.
At showings, the best thing to say is nothing
The simplest way to avoid saying the wrong thing at a showing is not to be at the showing. Buyers want to open closets and talk honestly about what they would change. They cannot do that with you standing in the hallway, and any conversation you do have is a chance to give something away.
If you happen to be home or run into buyers outside, keep it to hello and point them to the agents. Questions about price, offers, repairs or timing should go through your listing agent.
About that doorbell camera
Plenty of homes now have video doorbells and indoor cameras, and it is tempting to listen in on what buyers say. Be careful here. Illinois eavesdropping law makes it a crime to knowingly and intentionally use a device in a surreptitious manner, meaning secretly or through concealment, to record or listen to a private conversation you are not part of without the consent of everyone in it. A first offense is a Class 4 felony, and the people recorded can also sue.
Whether a particular camera setup crosses that line depends on the facts, and that is a question for an attorney, not a blog. The practical approach is simple:
- Turn off audio recording on indoor and doorbell cameras during showings.
- Tell your listing agent what cameras you have and where, so it can be disclosed in the showing instructions.
- Do not use anything you overheard to negotiate. Illinois law also makes it an offense to use information obtained through illegal eavesdropping.
Do not lie on the disclosure report, or dodge it
This is where “what not to say” flips around. Some things you are required to say.
Illinois sellers of most homes of one to four units fill out the Residential Real Property Disclosure Report and deliver it to the buyer before a contract is signed. You have to disclose material defects you actually know about. The law does not make you go hunting for problems, but it does not let you forget the ones you know, either.
- Knowingly false answers have consequences. A seller who discloses information they know is false can be liable for actual damages and court costs, and the court may award attorney’s fees.
- The duty keeps going. If you learn before closing that something on the report was wrong, you have to supplement it in writing.
- Other claims still exist. The Act says it does not limit remedies for fraud or misrepresentation under other law.
Dodging counts, too. Casually telling a buyer “Oh, the basement’s always been dry” when you have run a dehumidifier through three wet springs is exactly the kind of statement that gets sellers in trouble. When in doubt, disclose it, explain it, and let your attorney help with the wording.
Describe the house, not the neighbors
Fair housing law is not only for agents and landlords. The federal Fair Housing Act makes it illegal to make any statement about the sale of a dwelling that indicates a preference, limitation or discrimination based on race, color, religion, sex, disability, familial status or national origin. The limited exemption some owners have for selling their own single-family home does not cover discriminatory statements or ads, and it does not apply at all when a real estate agent is involved.
Illinois goes further. Subject to limited exemptions, the Illinois Human Rights Act makes it a civil rights violation for an owner or a broker to make statements indicating a preference or limitation based on classes that include race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation (which Illinois defines to include gender-related identity), pregnancy, reproductive health decisions, unfavorable military discharge, familial status, immigration status, source of income and arrest record.
In everyday terms, avoid things like:
- Describing who lives on the street: “lots of young families,” “mostly retirees,” “a good church crowd,” “a nice quiet older neighborhood.”
- Saying the house is “perfect for a couple without kids” or “ideal for a single guy.”
- Talking about schools as a stand-in for who attends them. If a buyer asks about schools, name the district and let them look up the information themselves.
- Any comment about who “fits in.”
Talk about the house instead: the finished basement, the fenced yard, the distance to Scott Air Force Base or downtown Belleville, the new roof. That is what buyers are actually paying for. Every Illinois listing agreement is required to state that it is illegal for the owner or any licensee to refuse to show or sell to anyone because of a protected class, so this is not optional for either of us.
What you can tell your own listing agent: everything
Here is the honest version of “do not reveal your bottom line.” It does not mean keep secrets from everyone. It means keep them off the open house floor.
Your listing agent represents you. Illinois law requires an agent to keep confidential the confidential information a client shares, and it defines that to include anything dealing with your negotiating position or anything whose disclosure could materially harm it. That duty does not end when the listing does. Your lowest acceptable price, your moving deadline, the fact that you already bought the next house: that is exactly the information your agent needs to negotiate well, and exactly what they are obligated to protect.
Tell your agent about the house’s problems, too. Illinois requires a seller’s agent to disclose to buyers the latent material defects they actually know about, the kind a reasonable inspection would not find. Confidentiality is not a way to hide a defect, and a good agent will not try. Knowing early lets your agent help you disclose it properly, price for it, or fix it before it becomes a surprise at inspection.
One exception worth knowing: if you agree to let your agent act as a dual agent, representing both you and the buyer, the rules change. A dual agent cannot tell the buyer your lowest price without your permission, but they also cannot advise you on what to counter. Our post on selling a home in St. Clair County covers the process around all of this.
This is a general overview, not legal advice. For anything involving recording, disclosures or fair housing in your specific situation, check with a real estate attorney.
Frequently asked questions
Should I tell a buyer’s agent why I am selling?
Keep it short and general. A buyer’s agent represents the buyer and has a duty to share material facts about the deal with their client, so details like a job transfer deadline or an already purchased new home can end up weakening your negotiating position.
Can I record buyers with my doorbell camera during a showing in Illinois?
Be very careful with audio. Illinois law makes it a crime to secretly record a private conversation you are not part of without everyone’s consent, and a first offense is a Class 4 felony. Turn off audio recording during showings, tell your agent about any cameras, and ask an attorney about your specific setup.
Can I describe my neighborhood as family friendly?
It is safer not to. Familial status is protected under both the federal Fair Housing Act and the Illinois Human Rights Act, and statements that suggest a preference for certain buyers can create problems. Describe features instead, like a fenced yard, a nearby park or the school district name.
Is it safe to tell my listing agent my lowest acceptable price?
Yes. Illinois law requires your agent to keep confidential information about your negotiating position, and that duty continues after the listing ends. Telling your own agent the truth helps them negotiate for you. The place to keep it quiet is with buyers and their agents.
Have a question you would rather ask privately?
That is a good instinct, and it is exactly the kind of conversation to have with a listing agent before the sign goes up. If you are starting to think about selling, you can begin with a free home value estimate and go from there, at your own pace.
Craig Ziegel, Single Tree Team, eXp Realty. Serving Belleville, O’Fallon, Shiloh, Swansea, Mascoutah, Millstadt, Freeburg and the rest of St. Clair County.