Indiana's seller disclosure form, explained — what you must tell buyers

Indiana sellers of most homes must complete State Form 46234 before an offer is accepted. Here's what it covers, the 'actual knowledge' standard, and why honest disclosure protects the seller most of all.

Indiana law (IC 32-21-5) requires sellers of most residential property — one to four units — to complete the Seller's Residential Real Estate Sales Disclosure, State Form 46234, and get it to the buyer before an offer is accepted. Treat it as protection, not paperwork: the seller who discloses honestly is the seller who doesn't get sued after closing.

What the form covers

• The big systems: foundation and structure, roof, heating and cooling, plumbing, electrical.
• Water and sewer — source, type, known issues.
• Known hazards and history the law asks about, answered from your actual knowledge.

The standard: current actual knowledge

You're certifying what you actually know today — not warranting the house, not guessing, not promising the roof outlives the mortgage. 'I don't know' is a legitimate answer where it's true. What sinks sellers is the known problem left off the form, because 'they knew' is exactly what a buyer's attorney goes looking for.

Timing and updates

• Deliver before an offer is accepted — in practice it's available with the listing so serious buyers see it early.
• If the condition materially changes before closing (storm damage, a failed furnace), Indiana requires disclosing the change — or re-certifying that the condition is substantially unchanged — at or before settlement.
• Some transfers are exempt (certain estate and foreclosure situations, among others). If you think yours might be, ask — we'll verify rather than assume.

How we handle it with sellers

• We walk the form with you room by room before listing, so answers are considered rather than rushed.
• Known issues get priced in or fixed up front — surprises at inspection cost more than honesty at listing.
• Repairs you've made are disclosure gold: 'roof replaced 2022, receipts available' reads as care, not confession.