The Indiana Seller's Residential Real Estate Sales Disclosure (State Form 46234) is a mandatory disclosure form required under Indiana Code 32-21-5. Sellers of residential real property (one to four dwelling units) must provide a completed disclosure statement to the prospective buyer before the signing of a binding contract. It covers appliances, electrical, plumbing, HVAC, roof condition, hazardous conditions, structural issues, legal matters, and more.

Yes, Indiana is a mandatory disclosure state. Under IC 32-21-5 (Seller's Residential Real Estate Sales Disclosure Law), sellers of residential real property are required to complete and deliver a disclosure statement to the buyer before a binding purchase agreement is signed. Failure to comply may result in legal liability, including damages and court costs.

The Indiana disclosure form (State Form 46234) covers 11 categories: appliances (refrigerator, range, dishwasher, disposal, microwave, dryer, washer, etc.), electrical system (smoke alarms, CO detectors, ceiling fans, garage door openers, service amp rating, generator, etc.), water & sewer system (septic, sump pump, water heater, well, pool/spa, irrigation, etc.), heating & cooling (furnace, central AC, heat pump, fireplace, wood stove, etc.), roof condition & estimated ages, hazardous conditions (lead paint, radon, mold, asbestos, meth contamination, etc.), structural & foundation issues, legal & zoning matters, access & boundaries, environmental & regional factors (flood plain, military/airport proximity), and other disclosures.

To fill out an Indiana Seller's Residential Real Estate Sales Disclosure, start by entering the property address and seller information. Then work through each of the 11 disclosure categories — appliances, electrical, water/sewer, HVAC, roof & ages, hazardous conditions, structural/foundation, legal/zoning, access/boundaries, environmental/regional, and other items — selecting Yes, No, Unknown, or N/A. After completing all sections, add any additional comments and generate a print-ready document with signature blocks.

Indiana Code 32-21-5, also known as the Seller's Residential Real Estate Sales Disclosure Law, requires sellers of residential real property (one to four dwelling units) to complete a disclosure statement. The seller must disclose all known material defects in the property's physical condition. The seller is not required to investigate or warrant any condition, but must disclose based on actual knowledge. The disclosure must be delivered before a binding purchase agreement is signed. A buyer may terminate the contract if a material defect is discovered within 5 business days after receiving the disclosure.

Under IC 32-21-5, if a seller knowingly fails to disclose a known material defect, the buyer may recover actual damages and court costs. If a material defect is discovered after the contract is signed but before closing, the buyer generally has 5 business days to terminate the contract once the disclosure is received. The statute of limitations for a claim is 5 years from the date of closing. Certain transfers are exempt, including gifts, court-ordered transfers, transfers between spouses, and transfers by fiduciaries.