What must Indiana home sellers disclose?
Indiana law requires sellers of residential properties (up to four units) to complete the Seller’s Residential Real Estate Sales Disclosure — State Form 46234 — and deliver it to the buyer before accepting their offer. The form covers known defects in the home’s structure, systems, and appliances based on the seller’s “current actual knowledge.” Indiana sellers can’t be held liable for defects they didn’t know about, but knowingly omitting a material problem creates serious legal exposure. Even “as-is” sales require the form — the as-is clause and the disclosure obligation are two separate things under Indiana law.
By René Hauck, REALTOR® | April 28, 2026
Most sellers in Plainfield and Avon get asked a version of the same question during our first conversation: “Do I have to tell the buyer about anything I know is wrong with my house?”
The short answer is yes — and Indiana has a specific form for it.
The longer answer is that most sellers either don’t know the form exists, misunderstand what it requires, or assume they’re off the hook if they’re selling as-is. None of those assumptions are quite right. And the gap between what sellers think the rules are and what the rules actually say is exactly where post-closing legal disputes live.
Here’s how Indiana’s disclosure law actually works.
What Is Indiana’s Seller Disclosure Form?
The official name is the Seller’s Residential Real Estate Sales Disclosure — State Form 46234 — and it’s required under Indiana law for almost every residential sale involving one to four units.
It’s a four-page document. You fill it out based on what you currently know about your property, sign it, and it has to be in the buyer’s hands before they submit an offer — not after, not at closing. Before the offer.
The form covers five broad areas:
- Structure — foundation condition, roof, walls, water infiltration or flooding, basement or crawl space condition
- Systems — electrical, plumbing, HVAC, water heater, well and septic (if applicable)
- Appliances — included appliances such as the stove, dishwasher, and refrigerator
- Additional facts — HOA membership and related assessments, whether the property was ever used as a methamphetamine lab, and whether it’s within one mile of an airport
- Environmental — lead-based paint (a separate federal disclosure required for homes built before 1978)
The form specifically refers to your “CURRENT ACTUAL KNOWLEDGE” — those words appear in all caps on the form itself. Indiana doesn’t require you to hire an inspector or investigate before completing it. It asks what you know, not what you could find out if you looked harder.
What Counts as a “Defect” Under Indiana Law?
Indiana law defines a defect as a condition that would have a significant adverse effect on the value of the property, that would significantly impair the health or safety of future occupants, or that if not repaired, removed, or replaced would significantly shorten or adversely affect the expected normal life of the premises.
That’s a meaningful legal threshold. A sticky drawer doesn’t qualify. A scuff on the wall doesn’t qualify. A foundation crack wider than a quarter inch, an active roof leak, evidence of prior water intrusion in the basement, or an HVAC system that’s been limping along for years — those qualify.
The test isn’t cosmetic vs. structural — it’s whether the condition materially affects value, safety, or the home’s lifespan. When you’re genuinely unsure, disclose it anyway. Disclosing something that turns out to be minor costs you nothing. Not disclosing something that turns out to be significant can cost you a lot.
What Happens If You Don’t Disclose Something You Knew About?
This is where sellers get into real trouble.
If you omit a known material defect from your disclosure form, Indiana courts can find you liable for fraud after closing. A buyer can bring a claim against you if they can prove you had actual knowledge of the problem and chose not to disclose it.
The standard is specific: the buyer has to prove you knew, not just that a reasonable person should have known. That matters. But if there’s evidence you knew — and especially if there are signs that problems were patched or concealed before listing — the legal exposure is real and difficult to defend.
Repairs made without permits, water stains painted over right before photos, drainage issues the neighbors can describe in detail — these create fact patterns that don’t look good in front of a judge.
If you’re not sure whether something needs to be on the form, that’s exactly the kind of question to work through before you list — not after an offer comes in. Reach out before you list and we can talk through what you know and what the form requires.
The “As-Is” Myth
This one comes up constantly: sellers who want to sell as-is often assume they don’t have to complete the disclosure form.
That’s not how Indiana law works.
An as-is designation — including a signed As-Is Addendum — does not exempt you from the disclosure requirement. The form still has to be completed and delivered to the buyer before their offer is accepted. An as-is clause simply means the buyer agrees not to ask for repairs based on inspection results — it doesn’t mean the seller is relieved of their obligation to disclose what they know.
The distinction matters: disclosure is about informing the buyer of known conditions. The as-is clause is about post-inspection negotiations. They’re two separate things, and one doesn’t override the other.
If you’re weighing whether to sell as-is or make repairs before listing, this guide to as-is sales in Hendricks County walks through the trade-offs in detail.
Who Is Exempt From the Disclosure Requirement?
There are specific situations where the seller is not required to provide a disclosure form under Indiana law:
- Transfers in the administration of an estate through the courts (formal probate)
- Foreclosure sales
- Bankruptcy transfers
- Co-owner to co-owner transfers (for example, one sibling buying out another’s share of inherited property)
- Transfers directly to a spouse
If you inherited a home and it came to you outside of a formal court administration — through a transfer-on-death deed, joint tenancy with right of survivorship, or a beneficiary designation — the estate exemption likely doesn’t apply. You still need to complete the form, and you’re responsible for disclosing what you know.
If you’re in that situation and navigating a property that came to you with unknowns, this guide to selling inherited property in Indianapolis covers the broader process in detail.
The Disclosure Form Isn’t the Same as a Home Inspection
One thing sellers sometimes misunderstand: the disclosure form and the inspection are separate processes that serve different purposes.
The disclosure captures what you know as the owner — your lived experience with the home. The inspection is what a licensed professional finds when they examine the property independently. Both exist. Both matter.
A buyer can still conduct their own full inspection after receiving your disclosure, and they can negotiate based on what the inspector finds — even if your disclosure covered the issue. If you’re curious what that process looks like for buyers in this market, here’s what buyers in Hendricks County typically encounter during an inspection.
Selling your home in Hendricks County — whether it’s a place you’ve lived in for twenty years, a property you inherited, or a home you’re moving out of for the next chapter — starts with understanding what the law requires before you ever accept an offer. The disclosure form isn’t there to trip you up. It’s there to protect both parties and create a clear record of what was known at the time.
If you’re thinking about listing and want to make sure you’re prepared — from the disclosure form to pricing, timing, and everything that follows — I’m happy to walk through it with you. No pressure, no obligation. Reach out here or call/text 317-987-7068.
Want to know what past clients say about working with me? Read my reviews on Google, Zillow, and Realtor.com.
Frequently Asked Questions
Do I still have to fill out the disclosure form if I’m selling my home as-is in Indiana?
Yes — an as-is designation doesn’t exempt you from Indiana’s seller disclosure requirement. You must complete Form 46234 and deliver it to the buyer before their offer is accepted, regardless of what the purchase contract says about repairs or condition. The as-is clause applies to post-inspection repair negotiations; the disclosure form is a separate legal obligation that exists regardless of how you’re selling. If you’re not sure how this applies to your situation, let’s talk through it before you list.
I’m selling a home I inherited — do I have to disclose problems I never experienced firsthand?
Indiana’s disclosure standard is based on your “current actual knowledge” — meaning you disclose defects you actually know about, not ones you’ve never been told about. That said, if you’ve been in the home, noticed water stains, seen electrical issues, or heard about past problems from family members or neighbors, those fall within what you know. Estate sales transferred through formal court-supervised administration are exempt from the disclosure requirement entirely — but informal inheritances through TOD deeds, joint tenancy, or beneficiary designations are generally not. If you’re navigating this, reach out and we can walk through where your situation falls.
What if I find out about a defect after I’ve already submitted my disclosure form?
You can — and should — update the form before closing. Indiana doesn’t prohibit amendments, and submitting a corrected disclosure actually protects you from a fraud claim down the road. If an inspection turns up something new, a neighbor mentions an ongoing drainage issue, or you discover a problem while you’re packing — update the form and notify the buyer. Not sure how to handle it mid-transaction? Send me a message and I’ll walk you through the right steps.
Does Indiana’s seller disclosure form replace a home inspection?
No — they’re two completely separate things. The disclosure form captures what you know as the homeowner. The inspection is what a licensed professional finds independently. A buyer in Hendricks County can still conduct a full inspection after receiving your disclosure, and they can use what the inspector finds to negotiate repairs or credits — regardless of what your disclosure said. The two documents serve different purposes and neither replaces the other.
What’s the difference between Indiana’s seller disclosure form and the DLGF Sales Disclosure Form?
These two forms share similar names but are completely unrelated. The Seller’s Residential Real Estate Sales Disclosure (State Form 46234) is the condition disclosure — covering what you know about the property’s physical condition, systems, and history, delivered to the buyer before they make an offer. The DLGF Sales Disclosure Form is a county tax form used to record the sale price for property tax assessment purposes — completed at closing by the title company and unrelated to condition. Both forms get filed when you sell a home in Indiana, but they serve entirely different functions.
About René Hauck, REALTOR®
René Hauck is a REALTOR® with RE/MAX Advanced Realty, based in Plainfield, Indiana. Licensed since 2014, she’s guided 240+ buyers and sellers to successful closings totaling $51M+ in volume across Plainfield, Avon, Brownsburg, Danville, Mooresville, and the west side of Indianapolis. She specializes in helping clients navigate life-transition moves — downsizing, right-sizing, estate sales, and relocation — with clear communication, strong negotiation, and systems that keep transactions on track with less stress. René holds the Seniors Real Estate Specialist® (SRES®) designation and the Pricing Strategy Advisor (PSA) certification. She’s passionate about negotiating, understanding market value, and guiding clients through some of the most personal decisions they’ll ever make. Reach her at renehauckrealestate.com or 317-987-7068.
