The Illinois Owner Occupancy affidavit is a document that is required for all residential real estate transactions in the state of Illinois. It is used to verify that the buyer of the property intends to occupy the property as their primary residence. The affidavit is signed and dated by the buyer and seller and, if applicable, their attorney, and must be filed with the county recorder of deeds in the county where the property is located. There are two types of Illinois Owner Occupancy affidavit: the Owner Occupancy Affidavit for Newly Constructed Property, and the Owner Occupancy Affidavit for Existing Property. The Owner Occupancy Affidavit for Newly Constructed Property is used when the property is newly constructed and has never been occupied. The Owner Occupancy Affidavit for Existing Property is used when the property has been previously occupied. Both forms are required to be completed and filed with the county in order for the sale to be legally binding.