Yes, Indiana requires a seller disclosure for most home sales. If you are selling a 1 to 4 unit residential property, state law requires you to complete the Seller's Residential Real Estate Sales Disclosure (State Form 46234) and get it to the buyer before their offer is accepted. The form covers what you actually know about the home's condition. A handful of transfers are exempt, but most sellers, including those selling on their own, must complete it. Selling "as-is" does not remove the requirement.
That is the short answer. Below is exactly what you have to disclose, who is exempt, and how to complete the form so it protects you instead of exposing you.
What Is the Indiana Seller Disclosure Form?
Indiana Code 32-21-5 requires sellers of most residential properties to complete the Seller's Residential Real Estate Sales Disclosure, which reports what you know about your home's condition. The form is a transparency document. It is not a warranty, and it does not replace any inspection a buyer may want to obtain.
The key word is known. You are not required to investigate, test, or open walls. You are responsible for truthfully reporting issues you are aware of. The state updated the form in 2025, so make sure you are using the current version of State Form 46234 rather than an old copy.
Who Must Complete a Seller Disclosure in Indiana?
The law applies to sellers of 1 to 4 unit residential property, which covers most sellers:
Single-family homes
Condos and townhomes
2 to 4 unit properties
For-sale-by-owner sellers
Most estate sales
A few transfers are exempt under the statute, including:
Court-ordered transfers and foreclosure or bank-owned (REO) sales
Transfers due to unpaid taxes
Transfers to or from a government entity
The first sale of a newly built home that has never been lived in
Transfers into a living trust, and certain transfers between co-owners or family members
If you are not sure whether you qualify for an exemption, assume you do not. Most Indiana sellers have to complete the form.
What You Must Disclose
The form is organized around what you know about the home's systems and condition. The major categories:
Structural. Known problems with the foundation, basement or crawlspace, floors, walls, ceilings, roof, attic, windows, or doors. Even a past issue, like a basement leak five years ago, should be listed if you know about it.
Mechanical systems. The condition of electrical, plumbing, heating and cooling, the water heater, sump pump, and water softener. If a system is outdated or has had repeated repairs, disclose it.
Environmental. Known hazards including mold, radon, asbestos, lead paint (a federal requirement for homes built before 1978), methamphetamine contamination, and contaminated soil or groundwater. If you mitigated an issue, still reference the history.
Water and sewer. Septic type and age, sewer connection issues, water source (city or well), and any past backups, slow drains, or flooding.
Improvements and permits. Major work like additions, electrical updates, foundation work, or a roof replacement, including what was done, when, and whether permits were pulled. Buyers often cross-check this against public records.
Boundaries and HOA. Boundary disputes, encroachments, and survey issues. If the home is in an HOA, Indiana law requires you to provide the association's governing documents to the buyer at least 10 days before closing, so do not leave HOA dues, rules, or upcoming assessments as a surprise.
Timing and Updates
Two timing rules matter. First, the completed form must reach the buyer before their offer is accepted. Provide it late and the buyer may have the right to back out. Second, if the home's condition materially changes during the listing period, say a storm damages the roof or the sump pump fails, you must disclose that change at or before settlement, or certify that the condition is substantially the same as when you first delivered the form. If a defect surfaces after the offer is accepted, the buyer can nullify the contract and recover their deposit.
What Buyers Are Watching Closely Now
The form itself has stayed fairly consistent, but a few items draw more scrutiny than they used to:
Insurance claim history. With premiums rising, buyers ask about past claims. Indiana does not require you to disclose claim history, but being upfront reduces deal friction.
Flooding and water intrusion. After heavier rain events in central Indiana, buyers want detail on basement moisture, grading, and sump pump performance.
Roof age. Insurers have tightened roof-age guidelines, and a roof past 15 to 20 years can trigger premium spikes, so buyers want clarity.
Big-ticket system age. HVAC and water heater lifespan increasingly influence buyer decisions as repair costs climb.
A pre-listing inspection is the cleanest way to know what you are dealing with before you fill any of this out.
Why Proper Disclosure Protects You
Many sellers worry the form will scare buyers off. In practice, transparency protects the seller. A complete, honest disclosure prevents accusations of misrepresentation, reduces the odds of a post-closing lawsuit, and strengthens your contract. Indiana shields sellers from liability for honest mistakes as long as you were not negligent and lacked actual knowledge of the defect. Willful concealment is the opposite story: a seller who hides a known problem can be sued and, in serious cases, face criminal exposure. Incomplete disclosure is one of the top reasons Indiana deals fall apart. Done properly, the form makes your sale cleaner and your negotiations smoother.
If you are weighing selling on your own, our FSBO vs Realtor guide is worth a read, since for-sale-by-owner sellers tend to under-disclose by accident.
How to Complete the Form Correctly
Answer every question honestly. If you truly do not know, mark "Unknown," but do not lean on it to dodge details you could reasonably provide.
Do not guess. Guessing creates liability. Stick to what you know.
Attach explanations. For any repair, note what happened, when, who did the work, and whether it recurred.
Update the form if something changes. A new issue during the listing period legally has to be disclosed.
Keep documentation. Invoices, permits, repair quotes, and warranties help the buyer and protect you if a dispute arises.
Biggest Mistakes Indiana Sellers Make
Leaving out old issues because they were fixed years ago
Forgetting roof age or seasonal basement moisture
Failing to disclose unpermitted renovations
Answering "no problems" too quickly
Not updating the form after weather-related damage
If something will surface during inspection, disclose it now. Clearing it up early keeps it from blowing up your deal during repair negotiations.
Final Thoughts
Indiana's seller disclosure form is a legal protection tool, not a box to rush through. Completed honestly and on time, it sets up smoother negotiations, fewer surprises, and a stronger closing. If you are preparing to sell, Roots Realty Co. can help you complete the disclosure correctly, prep for inspection, and navigate every step from listing to closing.
Explore our seller resources or reach out to Roots Realty Co. to get started.
This article is general information, not legal advice. For questions about your specific situation, consult a real estate attorney.
Frequently asked questions
Quick answers from this guide.
Is a seller disclosure required in Indiana?
Yes. Almost all sales of 1 to 4 unit residential property require the Seller's Residential Real Estate Sales Disclosure, delivered to the buyer before their offer is accepted. Only a few transfers are exempt.
Can I sell 'as-is' without a disclosure?
No. Selling as-is does not remove the disclosure requirement. You still must complete and deliver the form.
What happens if I fail to disclose something?
If you knew about a defect and concealed it, the buyer may terminate the contract or pursue legal remedies after closing. Honest mistakes made without negligence are generally protected.
Does disclosing an issue mean I have to fix it?
No. The disclosure informs the buyer. It does not obligate you to make repairs, though buyers may negotiate.
Can a buyer cancel after reading my disclosure?
Yes, if they receive it late, or if a disclosed or newly revealed defect materially changes their decision before closing.