In Indiana, sellers of 1–4 unit residential properties are required under Indiana Code 32-21-5 to complete a Seller’s Residential Real Estate Sales Disclosure form, which explains the property’s known physical condition based on the seller’s current actual knowledge. This disclosure must be completed, signed, and delivered to the buyer before an offer is accepted . If a seller fails to provide the disclosure, the buyer may be able to void the contract prior to closing, and a seller who knowingly provides false or misleading information may be subject to legal liability for damages. Additionally, sellers must update the disclosure if the property’s condition materially changes before closing.
How Can I Get a Copy of the "Indiana Sellers Property Disclosure Statement" form?
We will provide you a copy of any Indiana disclosure form for free upon submitting a flat fee MLS listing through our website. We charge a low, one-time flat fee to list your home on the MLS.
Are There Any Exemptions to Providing the Disclosure?
Yes, please review the civil code for the most current list.
- Transfers in the administration of an estate
- Transfers by foreclosure sale
- Transfers by a trustee in bankruptcy
- Transfers by eminent domain
- Transfers from a decree of specific performance
- Transfers from a decree of divorce
- Transfers made from at least one (1) co-owner solely to at least one (1) other co-owner
- Transfers made solely to any combination of a spouse or family member
- Transfers made because of the record owner's failure to pay any federal, state, or local taxes.
- Transfers involving the first sale of a dwelling that has not been inhabited.
- Transfers to a living trust.
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