Indiana Real Estate Disclosure Requirements
Indiana requires sellers to disclose property conditions.
Is Indiana a Disclosure State?
YESIndiana requires sellers of residential real estate to deliver a written Seller's Residential Real Estate Sales Disclosure Form before accepting a buyer's offer. A separate Sales Disclosure Form (state Form 46021) is filed with the county auditor at closing for property-tax assessment purposes — both documents are commonly referred to as an "Indiana sales disclosure form."
Property Condition Disclosure
RequiredOfficial Form:
Seller's Residential Real Estate Sales Disclosure Form (IC 32-21-5)
Indiana Code § 32-21-5 requires sellers of residential real estate (one to four dwelling units) to complete and deliver a written disclosure form covering the condition of the property, including foundation, mechanical systems, roof, water/sewer, environmental conditions, and known hazards. The form must be delivered before the seller accepts the buyer's offer.
Environmental Hazards
RequiredSellers must disclose known environmental concerns including lead-based paint (per federal law for pre-1978 homes), underground storage tanks, hazardous materials, mold, and contamination of the soil or groundwater. Methamphetamine contamination disclosure is also required where the property is known to have been used in the manufacture of meth.
Specific Hazards Covered:
Natural Hazards
RequiredThe Indiana Sales Disclosure Form asks about flood zone status, drainage issues, settling/sliding/expansion soils, and whether the property is in an airport noise zone. Known natural hazards must be disclosed honestly.
Specific Hazards Covered:
Key Points for Indiana
- 1Indiana has TWO documents commonly called a "sales disclosure form": (1) the Seller's Residential Real Estate Sales Disclosure Form required by IC 32-21-5 before contract, and (2) the property-tax Sales Disclosure Form (state Form 46021) filed with the county auditor at closing.
- 2The IC 32-21-5 seller disclosure must be delivered before the seller accepts an offer — not at closing.
- 3The property-tax Sales Disclosure Form (Form 46021) is required by IC 6-1.1-5.5 for every conveyance of real property in Indiana and is filed with the county auditor.
- 4Sellers are not liable for defects they were not actually aware of, but cannot misrepresent known conditions.
- 5Form 46021 carries a filing fee paid to the county auditor; consult the auditor for the current amount.
Timing Requirements
The Seller's Residential Real Estate Sales Disclosure Form (IC 32-21-5) must be delivered before the seller accepts the buyer's offer. The property-tax Sales Disclosure Form (Form 46021) is filed with the county auditor at the time of recording the conveyance document.
Penalties for Non-Disclosure
A seller who knowingly or intentionally provides false information on the disclosure form may be liable to the buyer for actual damages, including repair costs and diminished value. The disclosure form itself is not a warranty, but misrepresentation can support a claim for fraud.
Exemptions from Disclosure
The following transaction types may be exempt from disclosure requirements:
What Makes Indiana Unique
Indiana is unusual in that two different documents are commonly called a "sales disclosure form" — and they serve different purposes at different points in the transaction. Confusing them is one of the most common mistakes in Indiana residential closings.
The seller's residential real estate sales disclosure form required by IC 32-21-5 is a condition-of-property document the seller hands to the buyer before accepting an offer. The Sales Disclosure Form (state Form 46021) required by IC 6-1.1-5.5 is a property-tax document filed with the county auditor at closing.
Indiana-Specific Disclosure Requirements:
Indiana is a title state — transactions typically close through a title company rather than an attorney. See the full attorney vs. title states guide.
Indiana Disclosure FAQ
What is the Indiana sales disclosure form?
There are two documents commonly called the "Indiana sales disclosure form." (1) The Seller's Residential Real Estate Sales Disclosure Form required by IC 32-21-5 — a condition-of-property form delivered to the buyer before offer acceptance. (2) The Sales Disclosure Form (state Form 46021) required by IC 6-1.1-5.5 — a property-tax document filed with the county auditor at closing.
When must the Indiana seller disclosure form be delivered?
The IC 32-21-5 seller disclosure must be delivered to the buyer before the seller accepts the buyer's offer. Delivery after offer acceptance does not satisfy the statute.
What is Indiana Form 46021?
Form 46021 is the Sales Disclosure Form required by Indiana Code § 6-1.1-5.5 for every conveyance of real property in Indiana. It is filed with the county auditor at closing and is used for property-tax assessment and homestead deduction tracking — a different purpose from the IC 32-21-5 seller condition disclosure.
What happens if a seller lies on the Indiana disclosure form?
A seller who knowingly or intentionally provides false information on the IC 32-21-5 disclosure may be liable to the buyer for actual damages, including repair costs and diminished property value. Misrepresentation can also support a claim for fraud separate from the statutory remedy.
Who is exempt from the Indiana seller disclosure requirement?
Common exemptions include court-ordered transfers, transfers by fiduciaries administering an estate or trust, transfers between co-owners, transfers between spouses or to immediate family, foreclosure transfers, and (in some cases) transfers from a developer to the first buyer of a new home.
Last updated: May 22, 2026