Key Takeaways
- Indiana requires sellers of residential property to provide a Seller's Residential Real Estate Sales Disclosure Form
- The disclosure form covers property condition, systems, environmental issues, and legal matters
- Sellers must disclose known material defects affecting the property
- Exemptions exist for certain transfers including foreclosures, estates, and new construction
- Lead-based paint disclosure is required by federal law for homes built before 1978
Last updated: January 2026
Indiana Property Disclosure Requirements
Indiana has a mandatory seller disclosure law requiring residential property sellers to disclose known material defects.
Seller's Residential Real Estate Sales Disclosure Form
Indiana law (IC 32-21-5) requires sellers to provide the Seller's Residential Real Estate Sales Disclosure Form.
When Required
The disclosure must be provided:
| Transaction Type | Required? |
|---|---|
| Residential 1-4 units | Yes |
| New construction (first sale) | No |
| Foreclosure sales | No |
| Estate sales (certain) | May be exempt |
| Court-ordered sales | No |
| Transfer to spouse/family | May be exempt |
Timing of Disclosure
| Stage | Requirement |
|---|---|
| Before offer | Best practice |
| After offer, before acceptance | Preferred |
| After acceptance | Buyer gets rescission right |
What Must Be Disclosed
Categories on the Disclosure Form
| Category | Examples |
|---|---|
| Water Supply | Well, city water, problems |
| Sewage System | Septic, city sewer, issues |
| Roof | Age, leaks, repairs |
| Basement | Water problems, cracks |
| Structural | Foundation, walls, floors |
| Mechanical | HVAC, plumbing, electrical |
| Environmental | Lead paint, radon, mold |
| Legal | Boundary disputes, easements |
| Infestations | Termites, pests |
Seller's Disclosure Duties
What Sellers Must Disclose
Indiana sellers must disclose:
- Known material defects affecting the property
- Current condition of systems and components
- Past problems that have been repaired
- Environmental hazards if known
- Legal issues affecting the property
Seller's Knowledge Standard
| Standard | Description |
|---|---|
| Actual knowledge | What seller actually knows |
| No duty to investigate | Seller need not inspect |
| No warranty | Disclosure is not a warranty |
| As-is sales | Still must disclose known defects |
What Sellers Need NOT Disclose
Indiana law does not require disclosure of:
| Exempt Information | Reason |
|---|---|
| Sex offender proximity | No legal duty |
| Deaths on property | Not material under Indiana law |
| AIDS/HIV of occupants | Fair housing/privacy |
| Violent crimes | Not material defect |
Buyer's Rights
After Receiving Disclosure
If disclosure reveals issues:
| Option | Action |
|---|---|
| Accept | Proceed with purchase |
| Negotiate | Request repairs or credits |
| Terminate | Per contract contingency |
| Investigate | Order additional inspections |
Best Practice: Provide disclosure before offer to avoid complications.
Agent Disclosure Duties
Separate from Seller Disclosure
Indiana agents have independent duties:
| Agent Duty | Description |
|---|---|
| Disclose material facts | Known defects |
| Disclose legal issues | Known title problems |
| Cannot conceal | Defects on seller's behalf |
| No guarantee | Of disclosure accuracy |
Federal Disclosure Requirements
In addition to Indiana law:
| Requirement | When |
|---|---|
| Lead-based paint | Homes built before 1978 |
| EPA pamphlet | Must be provided |
| 10-day inspection | Right can be waived |
Loading diagram...
Test Your Knowledge
What disclosure form must Indiana sellers provide for residential property sales?
A
B
C
D
Test Your Knowledge
Which of the following is Indiana required to disclose on the seller's disclosure form?
A
B
C
D