Statute and form, not a punch list
Indiana’s Residential Seller Disclosure, Without the Myths
IC 32-21-5 is a known-condition statute for many 1–4 unit sales. It is not a warranty, and it is not required on every estate or fiduciary deed. This page is general information, not legal advice.
- Local Indianapolis buyer
- A written cash offer
- Closing through a local title company
What does Indiana’s residential sales disclosure actually require?
On covered sales of residential real estate with no more than four dwelling units, the owner generally completes the statutory disclosure and gives it to a prospective buyer before an offer is accepted. The form reports current actual knowledge of listed conditions. It is not a warranty and it does not replace inspections. Several transfer types are excluded from the chapter entirely—including some court-ordered and fiduciary estate transfers—so do not assume every inherited or as-is cash sale uses the same rule.
Start with the chapter, then the form
The Indiana General Assembly’s IC 32-21-5 is the statute. The Indiana Real Estate Commission adopts the form that implements IC 32-21-5-7. The current published form is State Form 46234, Seller’s Residential Real Estate Sales Disclosure, maintained in the state’s forms catalog. If a line on an old PDF disagrees with the statute, the statute controls. We do not complete the form for you.
This is not the DLGF sales disclosure used when a deed is recorded for assessment. Mixing those two documents is a common error. One is a condition disclosure to a buyer. The other is a conveyance reporting form for local government.
Which transfers the chapter does not cover
IC 32-21-5-1(a) applies the chapter to sales, exchanges, installment contracts, and leases with option to buy of residential real estate with not more than four units. Subsection (b) then lists transfers the chapter does not apply to, including:
- Court-ordered transfers, including in estate administration, foreclosure sale, bankruptcy trustee, eminent domain, specific performance, divorce decree, or property settlement.
- Transfers by a mortgagee after a foreclosure sale or a deed in lieu.
- Transfers by a fiduciary in the course of administering a decedent’s estate, guardianship, conservatorship, or trust.
- Transfers from at least one co-owner solely to at least one other co-owner.
- Transfers solely to a spouse or to someone in the lineal line of consanguinity of a transferor.
- Transfers because the record owner failed to pay federal, state, or local taxes.
- Transfers to or from a governmental entity.
- The first sale of a dwelling that has not been inhabited.
- Transfers to a living trust.
Read those as exclusions from this chapter, not as a claim that no other disclosure or honesty duty exists. A personal representative selling out of an estate is often in a different box than heirs who already took title personally and are now selling as owners. Inherited-house and probate pages flag that split; they do not decide it for you.
Timing, “defect,” and what the form is not
IC 32-21-5-10 requires the owner to complete, sign, and submit the form to a prospective buyer before an offer is accepted. IC 32-21-5-4 defines “defect” for this chapter as a condition that would have a significant adverse effect on value, significantly impair health or safety of future occupants, or significantly shorten or adversely affect the expected normal life of the premises if not repaired, removed, or replaced. IC 32-21-5-9 says the disclosure is not a warranty and is not a substitute for inspections.
Selling as-is does not strike the chapter. The walkthrough and title sequence on how it works still assume you are honest about what you know. Lead-based paint for pre-1978 housing is a separate federal disclosure track, not a replacement for Form 46234.
High-level map of IC 32-21-5-7 topics. The adopted form has more lines than this table.
| Statute asks about | Why sellers trip on it |
|---|---|
| Foundation, roof, structure, mechanicals, water and sewer | “As-is” does not mean “I will not describe what I already know is broken.” |
| Floodplain on a FEMA map, if the owner has personal knowledge | Mapped status is not the same as a past water-loss claim. |
| HOA governing documents and assessments (separate 32-21-5-8.5 duties) | Association paperwork is not the same as the condition grid. |
| Methamphetamine contamination / manufacture lines in § 7 | If you have personal knowledge, this is not a throwaway checkbox. |
This page is general information about a published Indiana statute and form. It is not legal advice and not a determination that the form applies to your transfer.
Disclosure questions sellers actually ask
Where disclosure shows up in a sale
Request a written offer after you know what you must disclose
Share the address and known condition issues. If we are the right buyer, you receive a written cash offer after we review the property. We do not complete Form 46234 for you.
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