Indiana Seller's Disclosure: What NWI Sellers Must Disclose

What does an Indiana seller have to disclose when selling a house?

Indiana sellers of one-to-four-unit residential property complete the Seller's Residential Real Estate Sales Disclosure under IC 32-21-5, which covers the foundation, mechanical systems, roof, water and sewer, and other conditions you actually know about. The buyer must receive it before your acceptance of their offer. It is a separate document from the Sales Disclosure Form (State Form 46021), which is a property-tax filing handled at closing.

By the Constellation Home Sales Team | October 31, 2026

If you're about to list in Lake, Porter, or La Porte County, one piece of paperwork deserves your attention before the sign goes in the yard: the Seller's Residential Real Estate Sales Disclosure. Sellers ask us about it constantly, and the worry is almost always the same — "What if I forget something, or what if I just don't know?" Just as often, they're mixing it up with a completely different form.

Let's separate the two, then walk through how to complete the condition disclosure so it protects you instead of exposing you.

The two Indiana "disclosure forms" — and why they get confused

Indiana has two documents that people loosely call "the disclosure form." They do different jobs, they're governed by different laws, and they land in front of different people.

1. The Seller's Residential Real Estate Sales Disclosure (IC 32-21-5). This is a property-condition statement. You complete it, sign it, and deliver it to the buyer. It tells them what you know about the house.

2. The Sales Disclosure Form, State Form 46021 (IC 6-1.1-5.5). This is a property-tax filing. The buyer and seller sign it, it goes through the county, and it feeds the assessment records. It says nothing about the condition of your roof.

Indiana has no state real estate transfer tax. Form 46021 is the closest administrative filing to one, yet it's a tax-assessment document, not a transfer tax. A small county filing fee applies, and it varies, so confirm the current amount with your title company. Because Indiana is not an attorney-closing state, your title company or escrow agent typically handles that filing as part of closing.

Everything below is about the first form, because that's the one where your decisions as a seller actually matter.

What the condition disclosure covers — and the timing that trips sellers up

Timing comes first. The completed, signed form needs to be in the buyer's hands before you accept their offer. Handing it over after acceptance doesn't satisfy the statute, and a late form can give the buyer leverage you don't want them to have. Our advice: finish it before you list, and have it ready for the first showing.

The topics. The form walks through the foundation, mechanical systems, roof, structure, and water and sewer systems, plus additions that may affect the sewage disposal system and other areas the Indiana Real Estate Commission considers appropriate. In practice, that means questions about basements and crawl spaces, electrical, plumbing, heating and cooling, the water heater, sump pumps, and environmental items such as mold or radon. If you've ever seen water in a basement, replaced a sump pump, or patched a roof, those belong on the form.

Who has to complete it. Most sellers of one-to-four-unit residential property do, including sellers who list on their own. Certain transfers are exempt, such as court-ordered transfers, foreclosure sales, and some estate, trust, or family transfers. If you're selling on behalf of an estate, read our guide to selling an inherited house through probate in Northwest Indiana (https://freedomgroupglobal.com/post/sell-inherited-house-probate-nw-indiana) and confirm your exemption with your attorney before assuming you're covered.

The "actual knowledge" standard. This is the part that calms most sellers down. The form asks what you know. You're not required to investigate, run tests, or open walls. Indiana law generally protects a seller who made honest mistakes or omissions without negligence and without actual knowledge of the problem. Ask your attorney to confirm how that standard applies to your situation.

The flip side. If you knowingly give false information on the form, you can be liable to the buyer for actual damages such as repair costs and lost value, and a misrepresentation can support a separate fraud claim. Hiding a known problem is the single most expensive mistake a seller can make on this form.

Three more things worth knowing:

- The form is not a warranty, and it doesn't replace the buyer's inspection.

- Calling your sale "as-is" doesn't make the disclosure optional.

- Homes built before 1978 also require the separate federal lead-based paint disclosure.

Seven steps to complete it the right way before you list

Here's the order we walk clients through. None of it takes more than a weekend.

1. Walk the house with the form in your hand. Go room by room, then basement, attic, and exterior. Write down anything you know about, even if it was fixed years ago.

2. Gather your paper trail. Pull permits, receipts, warranties, and contractor invoices for the roof, mechanicals, and any additions. Documented repairs read as responsible ownership, not red flags.

3. Answer from knowledge, not guesses. If you genuinely don't know the answer, say so rather than checking "no." A guess that turns out wrong is far harder to defend than an honest "unknown."

4. Flag septic and well properties early. Those systems come with their own inspections and questions. We cover the details in our post on selling a septic or well home in Northwest Indiana (https://freedomgroupglobal.com/post/septic-well-home-northwest-indiana).

5. Assume the inspector will find what you know about. A buyer's inspector will uncover many of the same conditions you list. When the form and the inspection report match, repair requests stay smaller. Our seller playbook for inspection repair requests in Northwest Indiana (https://freedomgroupglobal.com/post/inspection-repair-requests-in-northwest-indiana-seller-playbook) shows how to prepare.

6. Tell us right away if something changes. If a pipe bursts or a storm damages the roof while you're listed, don't wait for closing to mention it. Call your agent and your title company, and let your attorney advise on the correction.

7. Know your numbers before the offers arrive. Disclosure surprises usually become price negotiations. Review what it costs to sell a house in Northwest Indiana (https://freedomgroupglobal.com/post/cost-to-sell-a-house-in-northwest-indiana) so you know what you can afford to concede.

A well-prepared disclosure also helps if a low appraisal or a repair negotiation comes up later, which we cover in your options when an appraisal comes in low in Northwest Indiana (https://freedomgroupglobal.com/post/low-appraisal-northwest-indiana-options).

Frequently Asked Questions

Do I have to complete the disclosure if I'm selling my house myself in Indiana?

Yes. Most sellers of one-to-four-unit residential property must complete it, including those selling without an agent. The form needs to reach the buyer before you accept their offer.

Can I sell as-is and skip the Seller's Residential Real Estate Sales Disclosure?

No. An as-is sale describes the repair terms, not your disclosure duty. You still complete the form, and you still need to be truthful about what you know.

What if I discover a problem after I've given the buyer the form?

Tell your agent and your title company immediately, and ask your attorney how to correct or update the disclosure. A new issue that materially changes the picture can affect the buyer's options, so speed and honesty protect you.

Is the Sales Disclosure Form (State Form 46021) the same thing?

No. State Form 46021 is a property-tax filing signed by both parties and submitted through the county. It has nothing to do with the condition of the home. Confirm the current filing fee with your title company.

You've seen what the condition disclosure asks, when the buyer has to receive it, and why honest answers protect you. If one question on the form leaves you stuck for your own house, text or call 630-912-9129 and send us the address — we'll go through the Indiana disclosure line by line with you before you list, so an offer never catches you off guard.

About the Constellation Home Sales Team

The Constellation Home Sales Team — Steve Roake and Kimberly Genovese — has closed more than 615 transactions worth over $113 million across Chicago's southwest suburbs and Northwest Indiana. Licensed since 2003 and operating under Keller Williams Preferred Realty, the team specializes in probate and estate sales, expired listings, negotiation, and divorce and life-transition sales, with a track record of selling homes at 101% of list price against a 97.7% MLS-wide average. Connect with the team at freedomgroupglobal.com or 630-912-9129.