§ 32-21-5-7 — Disclosure form; contents

Indiana § 32-21-5-7

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 21: CONVEYANCE PROCEDURES FOR REAL
• Ch. 5: Residential Real Estate Sales Disclosure

Text

(a) The Indiana real estate commission
established by IC 25-34.1-2-1 shall adopt a specific disclosure form
that contains the following:
(1) Disclosure by the owner of the known condition of the
following:
(A) The foundation.
(B) The mechanical systems.
(C) The roof.
(D) The structure.
(E) The water and sewer systems.
(F) Additions that may require improvements to the sewage
disposal system.
(G) Other areas that the Indiana real estate commission
determines are appropriate.
(2) Disclosure by the owner of known:
(A) contamination caused by the manufacture of a controlled
substance (as defined by IC 35-48-1.1-7) on the property that
has not been certified as decontaminated by a qualified
inspector who is certified under IC 16-19-3.1; or
(B) manufacture of methamphetamine or dumping of waste
from the manufacture of methamphetamine in a residential
structure on the property.
(3) A notice to the prospective buyer that contains substantially
the following language:
"The prospective buyer and the owner may wish to obtain
professional advice or inspections of the property and provide for
appropriate provisions in a contract between them concerning any
advice, inspections, defects, or warranties obtained on the
property.".
(4) A notice to the prospective buyer that contains substantially
the following language:
"The representations in this form are the representations of the
owner and are not the representations of the agent, if any. This
information is for disclosure only and is not intended to be a part
of any contract between the buyer and owner.".
(5) A disclosure by the owner that an airport is located within a
geographical distance from the property as determined by the
Indiana real estate commission. The commission may consider the
differences between an airport serving commercial airlines and an
airport that does not serve commercial airlines in determining the
distance to be disclosed.
(6) A disclosure by the owner that:
(A) the property is located near a military installation, within a
state area of interest (as defined in IC 36-7-30.2-6), and may be
impacted to some degree by the effects of the installation's
military operations; and
(B) local laws may restrict use and development of the property
to promote compatibility with military installation operations.
(7) If the owner has personal knowledge of the fact that all or a
portion of the real estate is located within a community's flood
plain boundaries, as indicated in a Federal Emergency
Management Agency Flood Insurance Rate Map, a disclosure by
the owner of that fact.
(8) A disclosure by the owner that the property is located within
a locally designated historic district under IC 36-7-11.
(9) A disclosure by the owner of a conservation easement (as
defined in IC 32-23-5-2).
(b) Responsibility for the disclosure required under subsection
(a)(6) rests solely with the owner of the property and no liability for the
owner's failure to make the required disclosure shall accrue to any third
party. Failure of the owner to make the required disclosure under
subsection (a)(6) shall not:
(1) invalidate the transfer of the property; or
(2) create any encumbrance or lien upon any legal or equitable
title to the property.
[Pre-2002 Recodification Citation: 24-4.6-2-7.]

Legislative History

As added by P.L.2-2002, SEC.6. Amended by P.L.1-2003, SEC.83; P.L.159-2011, SEC.41; P.L.180-2014, SEC.5; P.L.111-2018, SEC.13; P.L.43-2023, SEC.1; P.L.175-2023, SEC.5; P.L.166-2025, SEC.6; P.L.186-2025, SEC.166.