Seller disclosure requirements in Indiana

Does Indiana require a seller disclosure form?

Yes. Chapter 5 of Article 21 of the Indiana Code applies to a sale, an exchange, an installment sales contract, or a lease with an option to buy of residential real estate with no more than four dwelling units (IC 32-21-5-1). The Indiana Real Estate Commission adopts the form. The Indiana Professional Licensing Agency (PLA) posts it as State Form 46234, “Real Estate Seller’s Disclosure Form.”

The owner “must complete and sign” the form and submit it to a prospective buyer before an offer is accepted (IC 32-21-5-10). Before closing, an accepted offer is not enforceable against the buyer until the owner and the buyer have both signed the form. After closing, a seller’s failure to deliver the form does not by itself invalidate the sale, and a buyer cannot undo a sale just because the buyer did not sign a form that was received.

What the form covers

The statute lists what the commission’s form must contain (IC 32-21-5-7, 2026 edition). The owner states the known condition of:

• the foundation, the mechanical systems, the roof and the structure;
• the water and sewer systems, and additions that may require improvements to the sewage disposal system;
• other areas the commission considers appropriate.

The form also asks the owner to disclose:

• known contamination from making a controlled substance, or methamphetamine manufacture or waste dumping, that has not been certified as decontaminated;
• that an airport is located within the distance the commission sets;
• that the home is near a military installation inside a state area of interest;
• the fact that the home lies in a FEMA flood plain, if the owner has personal knowledge of it;
• that the home is in a locally designated historic district;
• a conservation easement;
• a lien created by a written agreement with a redevelopment commission or reuse authority (added in the 2026 edition of the code, per P.L.157-2026).

The form carries two notices to the buyer. One says the buyer and owner may want professional advice or inspections. The other says the statements are the owner’s, not the agent’s, and are not part of any contract (IC 32-21-5-7). Under IC 32-21-5-9, the form is not a warranty and cannot replace inspections. See what a home inspection costs.

Who is exempt?

The chapter does not apply to these transfers (IC 32-21-5-1(b)):

What happens if a seller gets it wrong?

A seller is not liable for an error or omission that was outside the seller’s actual knowledge, or that came from a public agency or a licensed professional the seller reasonably trusted, as long as the seller was not negligent in getting and passing on the information (IC 32-21-5-11).

Time matters too. If something changes after the form is delivered, the owner does not violate the chapter, but must disclose any material change in the home’s physical condition at or before settlement, or certify that the condition is substantially the same (IC 32-21-5-12). If the owner does not know a fact, the form may say “unknown” or give a clearly marked, reasonable approximation.

The buyer’s main remedy is in section 13. If a buyer receives a form, or an amended form, after an offer is accepted and it discloses a defect, the buyer may cancel within two business days by delivering a written rescission to the owner or agent. The buyer is not liable and gets deposits back. For how deposits work, see earnest money.

Homeowners associations

If the home is in a community with a homeowners association, the seller must give the buyer, no later than 10 days before closing, a notice of the association, the recorded governing documents, a statement of any assessments and their amount, and the name and address of board members or managers (IC 32-21-5-8.5). In the 2026 edition of the code, an association may charge no more than $50 for a statement of unpaid assessments on a resale or refinance; the earlier text allowed $250.

Federal lead paint rule (homes built before 1978)

Separately from Indiana law, EPA’s rule requires sellers and agents to disclose known lead-based paint and hazards before a buyer signs a contract on most pre-1978 housing. The seller must give the buyer EPA’s pamphlet, share available records, include a Lead Warning Statement, and give the buyer a 10-day period for a paint inspection or risk assessment, which the parties may shorten or lengthen in writing. Signed disclosures are kept for three years. Foreclosure sales are exempt (EPA).

For the full purchase sequence, see home buying steps. For a sale at foreclosure, see foreclosure in Indiana.