Indiana Seller Disclosure Explained: What You Must Disclose When Selling
Indiana law requires home sellers to disclose known defects to buyers — regardless of whether you are selling through an agent, FSBO, or to a cash buyer. Understanding what you must disclose, what the consequences of non-disclosure are, and how the process works protects you legally and helps your sale close smoothly.
Indiana Seller Disclosure Law: IC 32-21-5
Indiana's seller disclosure law (IC 32-21-5) requires sellers of residential property to complete a written disclosure form before the buyer makes an offer. The form covers the condition of major systems and components: roof, foundation, HVAC, plumbing, electrical, water/sewer, structural components, environmental hazards, and legal issues (zoning violations, pending litigation, HOA issues). The disclosure must be based on the seller's actual knowledge — you are not required to conduct inspections.
What You Must Disclose in Indiana
Indiana sellers must disclose known defects in: roof condition and leaks, foundation and structural issues, HVAC systems, plumbing and water systems, electrical systems, basement or crawl space moisture, environmental hazards (lead paint, asbestos, radon, underground storage tanks), pest infestations, flood zone status, zoning violations or code violations, HOA rules and fees, and any pending litigation affecting the property.
What You Do NOT Have to Disclose in Indiana
Indiana law does not require disclosure of: stigmatized property facts (deaths, crimes, hauntings) under IC 32-21-6, off-site conditions (neighborhood issues, nearby properties), or defects you genuinely did not know about. You are only required to disclose what you actually know. However, deliberately concealing known defects is fraud and can result in civil liability.
Consequences of Non-Disclosure in Indiana
Failing to disclose known defects in Indiana can result in: rescission of the sale (buyer can cancel and get their money back), civil lawsuit for damages, and in cases of intentional concealment, fraud claims. The statute of limitations for disclosure claims in Indiana is generally 2 years from discovery of the defect. Proper disclosure protects you from post-sale liability.
Seller Disclosure in a Cash Sale in Indiana
Indiana's disclosure requirements apply to cash sales just as they do to traditional sales. Selling as-is does not eliminate disclosure obligations — it means the buyer accepts the disclosed condition. Bartolini Cash Buyers reviews the disclosure form and purchases with full knowledge of the property's condition. There are no surprises after closing — the offer is based on the disclosed condition.
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