What must a home seller disclose in Indiana?

Indiana codifies its regime in Indiana Code § 32-21-5 — the Indiana Residential Real Estate Disclosure Law.

1. Sales Disclosure Form — IC § 32-21-5-7

Required for sales of 1-4 unit residential dwellings.

Categories include:

- Appliances (built-in microwaves, dishwashers, range hoods, etc.).

- Electrical system (panel capacity, wiring issues).

- Plumbing including water heater, septic/sewer.

- Heating / cooling equipment.

- Roof, gutters, downspouts.

- Hazardous conditions: asbestos, radon, lead, USTs, mold, methamphetamine production.

- Foundation, basement, slab, structural.

- Boundary disputes, easements, encroachments.

- HOA / restrictive covenants.

2. Timing — IC § 32-21-5-10

Form must be completed, signed, and submitted to the buyer before the buyer signs an offer.

3. Buyer Remedies — IC § 32-21-5-11

After receipt, the buyer may rescind any time before closing if the form reveals a defect.

A buyer who discovers a knowingly false answer may sue for actual damages.

4. Lead-Based Paint

Federal 42 USC § 4852d for pre-1978 dwellings.

5. Exemptions — IC § 32-21-5-1

Court-ordered, foreclosure, fiduciary in estate or trust, between co-owners or spouses, transfers to/from government, and new construction never occupied (covered by builder warranty rules).

6. "As-Is" Sales

"As-is" does not waive the statutory disclosure duty or shield against fraud or actual knowledge of defects (Dickerson v. Strand, 904 N.E.2d 711).

7. Statute of Limitations

6 years for fraud and written contract (IC § 34-11-2-7, § 34-11-2-9).

This is legal information, not legal advice.