Indiana Seller Disclosure Requirements | Sales Disclosure Form

Key Information

Indiana requires sellers of residential real property to complete a Sales Disclosure Form under Indiana Code §32-21-5. The form must be delivered to the buyer before the buyer makes an offer or at the time the offer is made. Indiana's disclosure form covers property condition, known defects, and environmental issues. BuildMyListing helps Indiana agents document property conditions and generate compliant listing packages that meet the §32-21-5 requirements.

Pricing: Starting $99/month

Time Required: Complete disclosure package in one workflow

The Problem

Indiana's Sales Disclosure Form under IC §32-21-5 must be delivered before the buyer makes a purchase offer — not at closing. Missing this timing requirement or omitting required condition information creates disclosure liability for the seller and listing agent.

The Solution

BuildMyListing helps Indiana listing agents structure the property condition documentation, generate the Sales Disclosure Form workflow, and produce a professional listing package with compliance tracking — all before the first showing.

Key Features

Sales Disclosure Form Documentation

Structure property condition information aligned with Indiana's Sales Disclosure Form categories — roof, foundation, HVAC, water/sewer, environmental hazards, and legal matters.

Benefit: Organized documentation that meets IC §32-21-5 requirements

Pre-Offer Delivery Workflow

Indiana requires the disclosure be provided before the buyer makes a written offer. BuildMyListing includes delivery tracking to ensure the form reaches the buyer at the correct time in the transaction.

Benefit: Meet Indiana's strict pre-offer delivery timing requirement

Lead-Based Paint Addendum

For Indiana homes built before 1978, the federal lead-based paint disclosure and EPA pamphlet delivery are included automatically as required by 42 U.S.C. §4852d.

Benefit: Federal compliance built in for pre-1978 Indiana properties

MLS-Ready Listing Package

Generate enhanced photos, MLS description, flyers, and social media captions alongside the compliance documentation — all in one workflow.

Benefit: Listing-ready in a single session

How It Works

Enter Property Details and Known Conditions

Input the property address, construction year, and known conditions. BuildMyListing flags required Indiana disclosure categories based on property type and age.

Generate Indiana Sales Disclosure Checklist

An Indiana-specific disclosure checklist is generated covering all §32-21-5 categories, lead paint requirements for pre-1978 homes, and any environmental flags.

Download Listing Package with Compliance Documentation

Download the complete listing package with enhanced photos, MLS description, and a compliance summary with delivery timestamps for your broker file.

Compliance Reference

Disclosure Requirement	Legal Basis	When Required	Notes
Sales Disclosure Form	Indiana Code §32-21-5	All residential sales	Seller must deliver the form before the buyer makes a written offer, or at the time of the offer. The form covers known defects in major systems and environmental conditions.
Lead-based paint disclosure	42 U.S.C. §4852d (federal)	Homes built before 1978	Federal law requires disclosure, EPA pamphlet delivery, and 10-day inspection right for buyer.
Radon disclosure	Best practice / local MLS rules	Where test results exist	Indiana does not have a standalone radon disclosure statute, but known radon test results should be disclosed. Indiana has elevated radon levels in many counties.
Well and septic disclosure	Indiana Code §32-21-5	Properties with private well or septic	The Sales Disclosure Form includes sections for well and septic system condition. Known issues must be disclosed.
Underground storage tanks	Indiana Code §13-23 (IDEM program)	Where applicable	Known underground storage tanks must be disclosed. Consult a licensed real estate attorney for environmental disclosure obligations.

Common Use Cases

Rural Property with Private Well and Septic

Scenario: Agent listing a rural Indiana property with a private well and septic system. Indiana's Sales Disclosure Form has specific sections for these systems — the seller must disclose known condition issues.

Process: Enter property details → BuildMyListing prompts for well and septic condition → Sales Disclosure Form workflow generated → Full package delivered before listing goes active

Compliance: §32-21-5 disclosure requirements documented with well and septic condition noted

1970s Home in Indianapolis Suburb

Scenario: Agent listing a 1972 ranch home near Indianapolis. Indiana Sales Disclosure Form required plus federal lead paint disclosure for the pre-1978 construction year.

Process: Enter 1972 construction year → BuildMyListing flags both §32-21-5 and federal lead paint requirements → Combined disclosure checklist generated → Download full package with delivery tracking

Compliance: Indiana and federal disclosure requirements documented before first showing

Frequently Asked Questions

What is Indiana's Sales Disclosure Form?

Indiana's Sales Disclosure Form is a mandatory disclosure document required under Indiana Code §32-21-5. Sellers of residential real estate must complete the form, which covers the known condition of major property systems including roof, foundation, HVAC, plumbing, electrical, well and septic (if applicable), environmental hazards, and legal matters such as encroachments and zoning violations. The Indiana Association of Realtors provides a standardized form used statewide.

When must Indiana's Sales Disclosure Form be delivered to the buyer?

Under Indiana Code §32-21-5, the Sales Disclosure Form must be delivered to the buyer before the buyer makes a written purchase offer, or at the time the offer is made. This is a pre-offer or at-offer timing requirement — not a closing requirement. Agents should build disclosure delivery into the pre-listing workflow, not wait until a contract is received. Failure to deliver on time can expose the seller to rescission rights and the agent to license complaints.

What is the buyer's remedy if Indiana disclosure is not provided?

If the seller fails to provide the Sales Disclosure Form as required by IC §32-21-5, the buyer may terminate the contract within two business days after receiving the form late, or within two business days after the buyer knew or should have known the form was not timely delivered. Indiana Code §32-21-5-10 provides this rescission right. As with all disclosure matters, consult a licensed real estate attorney for guidance on specific circumstances.

Does Indiana require radon disclosure?

Indiana does not have a standalone statute requiring radon testing or disclosure for residential sales (as of early 2026). However, Indiana has significantly elevated radon levels in many counties, and Indiana's Sales Disclosure Form includes a general environmental hazards section. If the seller has obtained radon test results, those results should be disclosed. The Indiana State Department of Health provides radon resources and testing guidance. Consult your broker for current MLS rules regarding radon disclosure.

Are there exemptions from Indiana's Sales Disclosure Form?

Yes, Indiana Code §32-21-5 includes exemptions for: transfers between co-owners, transfers to a spouse or family member, court-ordered transfers, foreclosure sales, transfers by fiduciaries who have not occupied the property, new construction that has never been occupied, and transfers to or from a governmental entity. Confirm exemption status with a licensed real estate attorney before advising a seller to skip the form.

When does lead-based paint disclosure apply in Indiana?

Federal law — 42 U.S.C. §4852d — requires lead-based paint disclosure for the sale of housing built before 1978. This applies nationwide, including Indiana. Sellers must provide the disclosure form, deliver the EPA pamphlet 'Protect Your Family From Lead in Your Home,' disclose any known lead-based paint hazards, and give buyers 10 days to conduct a lead inspection. This is separate from and in addition to Indiana's state Sales Disclosure Form.

How does Indiana's disclosure law compare to neighboring states?

Indiana's Sales Disclosure Form model is similar to Illinois (765 ILCS 77), Ohio, and Michigan — all of which use standardized forms. Indiana differs from Florida, which has no mandatory form but uses common-law disclosure under Johnson v. Davis. Indiana's form must be delivered before or at the time of the offer, which is a stricter timing rule than some states where disclosure can happen during the inspection period. Wisconsin uses a similar pre-offer timing model under Wis. Stat. §709.02.

BuildMyListing provides compliance documentation — does it provide legal advice?

No. BuildMyListing provides compliance documentation tools, not legal advice. The platform helps agents structure and document the disclosure process, but does not provide legal interpretation of Indiana statutes or advise on specific disclosure obligations. Consult a licensed real estate attorney for questions about your specific disclosure obligations, exemption status, or legal liability in Indiana transactions.

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Indiana Listing Disclosure Requirements — Sales Disclosure Form Explained