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Legal Guide7 min read

Indianapolis Home Seller Disclosure Requirements (2026)

Published October 2, 2025

Indianapolis Home Seller Disclosure Requirements (2026)

Indiana's Seller's Residential Real Estate Sales Disclosure Form covers the core requirements. Indianapolis sellers should pay particular attention to radon (Indiana has significant radon risk), basement water intrusion in older neighborhoods, and HOA documentation for Hamilton County communities.

Indiana Disclosure Framework

Indiana Code §32-21-5-7 requires sellers to provide the Seller's Residential Real Estate Sales Disclosure (Form 46234) to buyers. The form must be provided before or at contract; buyers who receive it after have 3 days to rescind.

Indiana's form asks sellers to disclose known conditions across all material property categories. The form specifically distinguishes between conditions you are "aware of" and conditions where "no representation" is being made.

Radon — Indiana's Most Significant Environmental Disclosure Issue

Indiana has elevated radon levels across much of the state. The EPA designates most of Indiana (including Marion, Hamilton, Hendricks, and Boone counties) as Zone 1 (predicted average indoor radon level >4 pCi/L) or Zone 2.

Indiana's disclosure form asks specifically about radon. Disclose any testing results. If you have a mitigation system installed, disclose it — it's a positive indicator.

For untested properties: consider testing before listing. In Indiana's radon-rich environment, buyers' inspectors routinely recommend radon testing. A pre-listing test ($15–$30 for a DIY short-term test, $100–$150 for professional) gives you control over the information and timeline.

Mitigation systems, when needed, cost $800–$2,500 in Indianapolis and typically reduce levels to under 2 pCi/L.

Basement Water Intrusion

Indianapolis's older neighborhoods — Meridian-Kessler, Irvington, Fountain Square, Broad Ripple, and Golden Hill — have 1920s–1950s housing with clay tile drainage systems that may be undersized or failing. Indiana's clay soils exert hydrostatic pressure against basement walls during wet seasons.

Disclose any known:

  • Basement flooding or seepage events
  • Sump pump operation and any pump failures
  • Waterproofing systems (interior or exterior)
  • Water staining or efflorescence on walls
  • HOA Disclosure for Hamilton County Communities

    Carmel, Fishers, Westfield, and Noblesville (Hamilton County) have extensive HOA-governed planned communities. Indiana law requires providing HOA documents to buyers. Disclose:

  • All HOA fees (monthly, annual, one-time transfer fees)
  • Pending special assessments
  • CC&Rs and rules
  • Hamilton County HOAs range from simple neighborhood associations ($20–$50/month) to full-amenity communities with pools, fitness centers, and clubhouses ($150–$400+/month).

    Lead Paint in Indianapolis Historic Neighborhoods

    Irvington, Fountain Square, and Meridian-Kessler contain extensive pre-1940 housing (Craftsman and Four-Square styles common in Indianapolis's historic neighborhoods). Federal Lead-Based Paint Disclosure is required for all pre-1978 homes.

    Indiana No Transfer Tax

    Indiana imposes no state real estate transfer tax. This saves sellers approximately $3,000 on a $300,000 sale compared to states with 1% transfer taxes.

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