Seller's Residential Real Estate Sales Disclosure Form (Indiana State Form 46234), authorized under Indiana Code § 32-21-5-7 / § 32-21-5-10 — Indiana Code Title 32, Article 21, Chapter 5 (IC 32-21-5) — "Residential Real Estate Sales Disclosure." Key sections: 32-21-5-1 (applicability/exemptions), 32-21-5-5 (definition of disclosure form), 32-21-5-7 (form content/prescribed by state), 32-21-5-9 (form is not a warranty), 32-21-5-10 (timing — must be delivered before an offer is accepted), 32-21-5-11 (seller liability safe harbor), 32-21-5-12 (updates for matters arising after delivery/at settlement), 32-21-5-13 (buyer's right to rescind if a defect is disclosed after an offer is accepted). Administrative rules cross-reference at 876 IAC 9 (Title 876, Article 9).
Indiana is NOT a pure "caveat emptor" state — it abandoned unrestricted buyer-beware for most residential sales when it enacted IC 32-21-5. Sellers of 1-4 unit residential property (including sale, exchange, installment land contract, or lease-with-option-to-buy) must complete and sign the standardized Seller's Residential Real Estate Sales Disclosure Form (State Form 46234) and deliver it to the prospective buyer BEFORE an offer is accepted — not just before closing. However, the duty is narrow and seller-friendly: it is a "known condition" disclosure regime, not an inspection or warranty requirement. Sellers must truthfully disclose defects they actually know about; they have no duty to investigate, test systems, or open up walls/inspect areas they haven't accessed. The form itself expressly states it is not a warranty and doesn't substitute for a buyer's own inspection — so meaningful "buyer beware" residue remains layered on top of the disclosure duty (buyers are still expected to do independent due diligence/inspections for anything not within the seller's actual knowledge). Indiana's form was revised in 2025, so sellers/agents should confirm they're using the current version of State Form 46234 rather than an outdated copy. Failure to truthfully complete the form based on actual knowledge can expose a seller to fraud liability.
Indiana updated/revised State Form 46234 in 2025 — parties should verify they are using the current 2025 revision rather than an older copy of the form, as outdated versions may not reflect current required disclosure fields. The core statutory framework under IC 32-21-5 (timing before offer acceptance, known-condition standard, exemptions, and liability safe harbor) has not been overhauled, but administrative rulemaking activity tied to the disclosure chapter was noted in the Indiana Administrative Code (876 IAC 9) in late 2025, and law firms tracking Indiana real estate disputes flagged 2026 as a year with continued litigation activity over disclosure-related fraud claims (actual-knowledge standard). Separately and independently of Indiana state law, the federal Lead-Based Paint Disclosure Rule (Title X / 24 CFR Part 35) still applies to any Indiana home built before 1978, requiring a Lead Warning Statement, disclosure of known lead hazards, and the EPA "Protect Your Family From Lead In Your Home" pamphlet — this is a federal, not state, requirement and applies regardless of the Indiana form's exemptions.
Facts on this page reflect research current as of 2026-07-05. Programs, rates, and laws change — confirm current figures with the relevant state agency before relying on them.