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Indiana Residential Purchase Agreements & Seller Disclosures

Indiana does not prescribe one statewide purchase-agreement form for an ordinary home resale. If a broker is handling the transaction, get the current agreement and addenda from the brokerage. If no broker is preparing the agreement, have an Indiana real-estate attorney prepare or review the written contract before either side signs. Choose your situation:

A brokerage is preparing the agreement

Obtain the current purchase agreement and transaction-specific addenda approved by the brokerage. Many brokerages use Indiana REALTORS® statewide forms as a member benefit, but those are private industry resources—not government forms required for every represented deal.

See brokerage-prepared agreement guidance

No brokerage is preparing the agreement (FSBO)

Indiana does not provide a required public purchase-agreement blank for an ordinary resale. Have an Indiana real-estate attorney prepare or review the written contract before signing.

See the FSBO contract options
Seller disclosure is due before offer acceptance

For many sales of one-to-four-unit residential property, Indiana law requires the seller to complete, sign, and submit a compliant disclosure to the buyer before accepting an offer. Indiana’s official free form is the Seller’s Residential Real Estate Sales Disclosure, State Form 46234 (current Forms.IN.gov download verified R9 / 2-26 (confirm revision on download; admin-code images may lag)). It is not the purchase agreement and is not a substitute for an inspection.

Open official State Form 46234

PublicLegal does not sell an Indiana REALTORS® purchase-agreement lookalike. When the official seller-disclosure form is the right document, we link you to it.

Indiana law and forms checked August 2026 · Sources include IC 32-21-5; State Form 46234 (R9 / 2-26); IC 25-34.1-12; 876 IAC 9-1; and EPA lead guidance

PublicLegal provides independent self-help guidance and links to official Indiana sources. We do not sell or reproduce Indiana REALTORS® purchase contracts.

A signed purchase agreement can bind the parties subject to its terms. The two-business-day right in IC 32-21-5-13 applies when a disclosure delivered after acceptance reveals a statutory defect—it is not a general cancel-for-any-reason period.

Last reviewed: August 2026 Sources: IC 32-21-5 · Form 46234 · IC 25-34.1-12 · EPA lead

Editorial summary based on Indiana Code chapter 32-21-5 (residential real estate sales disclosure), including delivery and enforceability rules in IC 32-21-5-10, settlement updates in §12, and the two-business-day defect rescission in §13; State Form 46234 (current Forms.IN.gov revision R9 / 2-26); 876 IAC 9-1; psychologically affected property rules in IC 32-21-6; land-sale writing rules in IC 32-21-1-1; written listing and buyer-agency agreement requirements in IC 25-34.1-12-1 and 12-2; Indiana PLA materials; and EPA lead-disclosure guidance. Confirm the current statute text and the current official form revision before relying on deadlines. PublicLegal does not sell an Indiana purchase-agreement substitute on this page.

Who this page is for

  • Buyers or sellers trying to understand how Indiana residential purchase agreements usually work
  • People working with an Indiana broker who want plain-English context before signing brokerage forms
  • FSBO parties who need a safe written-contract path and the correct disclosure checklist
  • Buyers tracking Seller’s Residential Real Estate Sales Disclosure timing and the limited two-business-day defect rescission

Who should use another path

  • Anyone looking to buy a PublicLegal “official Indiana REALTORS® purchase agreement” — we do not sell that
  • Users who need a filled-in offer for a live transaction without professional help on complex terms
  • Commercial, heavily customized, development, or entity deals that need specialized Indiana counsel from the start

The purchase agreement creates the parties’ contractual obligations. The Seller’s Residential Real Estate Sales Disclosure is a separate statutory document about the seller’s current actual knowledge of covered conditions. The deed transfers title later at closing. Do not treat a deed form as a substitute for the purchase agreement.

Indiana does not issue one free government residential purchase blank for ordinary resales. Licensed practice often uses brokerage-authorized or Indiana REALTORS® forms. Industry access rules do not make those forms “official state” purchase contracts, and PublicLegal does not sell lookalikes.

Indiana residential transactions commonly close through a title company or closing agent. That provider coordinates title, funds, and recording logistics. It is not automatically your personal lawyer for negotiating contract rights or disclosure disputes.

Two common Indiana situations

A brokerage is preparing the agreement

If an Indiana real-estate broker or agent is handling your transaction, that professional typically selects and supplies the current purchase agreement and addenda authorized by the brokerage. Many brokerages use Indiana REALTORS® statewide legal forms. Those are industry forms available through authorized professionals—not free public state purchase blanks and not PublicLegal products.

Listing agreements and buyer-agency agreements are separate from the purchase contract. Indiana law requires listing agreements and buyer-agency agreements to be in writing (paper or electronic), show a definite expiration date, and provide a copy to the client within three business days of signing, with the broker retaining the original and electronic files (IC 25-34.1-12-1 and 12-2).

Your broker should also coordinate the Seller’s Residential Real Estate Sales Disclosure when IC 32-21-5 applies. PublicLegal does not host, sell, or reproduce Indiana REALTORS® purchase agreements. Ask which form and revision is being used and read financing, inspection, earnest money, title, appraisal, disclosure, possession, and default provisions carefully before signing.

No brokerage is preparing the agreement (FSBO)

Indiana does not publish a free statewide government purchase-agreement blank for ordinary FSBO resales. Unrepresented parties still need a signed written agreement covering price, property description, earnest money, financing, inspections, title, closing, possession, defaults, and related logistics. An action involving a contract for the sale of land generally requires a writing signed by the party against whom enforcement is sought (IC 32-21-1-1).

The safer contract path is an Indiana real-estate attorney who prepares or reviews the agreement before anyone signs. Do not rely on random internet blanks labeled “Indiana,” and do not treat circulating association specimens as free public consumer forms.

FSBO sellers remain subject to IC 32-21-5 when the transfer is covered, unless an exemption applies. Use the current official State Form 46234 or another form that contains the information required by IC 32-21-5-7. Federal lead rules still apply to most pre-1978 housing. Select a title or closing professional early. PublicLegal does not sell an Indiana purchase-agreement substitute on this page.

Indiana seller disclosures: IC 32-21-5 and Form 46234

IC 32-21-5 generally applies to a sale, exchange, installment sales contract, or lease with an option to buy residential real estate that contains not more than four residential dwelling units. The statute lists exemptions, including certain court-ordered transfers, foreclosure and deed-in-lieu transfers, specified fiduciary transfers, co-owner-to-co-owner transfers, certain family transfers, tax-failure transfers, governmental transfers, the first sale of a dwelling that has not been inhabited, and transfers to a living trust. Confirm the statute for your facts before assuming an exemption.

The Indiana Real Estate Commission adopts a specific disclosure form under IC 32-21-5-7. The practical official form is the Seller’s Residential Real Estate Sales Disclosure, State Form 46234. The current Forms.IN.gov catalog version verified for this page is revision R9 / 2-26. An owner may prepare or use another form that contains the information required by section 7 (IC 32-21-5-8). Form 46234 is the official and lowest-risk default—not a paid PublicLegal product.

Delivery timing is critical. An owner must complete and sign a disclosure form and submit it to a prospective buyer before an offer for the sale is accepted (IC 32-21-5-10). Before closing, an accepted offer is not enforceable against the buyer until the owner and prospective buyer have signed the disclosure form. After closing, failure to deliver does not by itself invalidate the transaction. A buyer may not invalidate a transaction merely by failing to sign a seller’s disclosure form that the buyer has already received or acknowledged.

If a prospective buyer receives a disclosure form or an amended disclosure form after an offer has been accepted that discloses a defect, the buyer may, after receipt and within two business days, nullify the contract by delivering a written rescission to the owner or the owner’s agent and is entitled to return of deposits (IC 32-21-5-13). “Defect” is defined in IC 32-21-5-4. That limited right is not a general statewide cooling-off period for every accepted offer.

At or before settlement, the owner must disclose any material change in the physical condition of the property or certify that the condition is substantially the same as when the disclosure form was provided (IC 32-21-5-12). Owner liability for errors has statutory limits when the problem was not within actual knowledge or was based on certain third-party information the owner reasonably believed and was not negligent in obtaining (IC 32-21-5-11).

If the property is covered by homeowners-association governing documents, IC 32-21-5-8.5 requires the seller to provide specified HOA information and recorded governing documents not later than ten days before closing. That HOA packet is separate from the earlier Form 46234 timing.

Indiana’s psychologically affected property chapter (IC 32-21-6) generally does not require an owner or agent to disclose that a property is psychologically affected, and permits refusal to disclose details. An owner or agent may not intentionally misrepresent a fact concerning a psychologically affected property in response to a direct inquiry. Physical contamination and known meth manufacture or dumping issues remain separate disclosure subjects under the residential sales-disclosure rules.

Most housing built before 1978 also triggers federal lead-based paint disclosures and the EPA pamphlet. Local well, septic, flood, historic-district, and municipal requirements may also apply. The disclosure form is not a warranty and is not a substitute for inspections.

Key disclosure rules

Key points to keep straight:

  • For covered 1–4 unit residential transfers, submit a signed compliant disclosure before the seller accepts an offer
  • State Form 46234 is the official free form (current Forms.IN.gov download verified R9 / 2-26 (confirm revision on download; admin-code images may lag)); another form may be used only if it contains the information required by IC 32-21-5-7
  • A late disclosure that first reveals a statutory defect can create a two-business-day written rescission right—not a general cooling-off period
  • HOA governing-document packets have a separate not-later-than-ten-days-before-closing timing rule
  • Psychologically affected property facts generally need not be volunteered, but intentional misrepresentation on a direct inquiry is prohibited
  • Federal lead rules still apply to most pre-1978 housing
  • Do not treat Form 46234 as the purchase agreement

When in doubt about what must be disclosed for your facts, ask Indiana counsel. Use the current official form and the actual signed purchase agreement.

What PublicLegal offers for Indiana

We do not sell an Indiana purchase-agreement substitute. When you need a related PublicLegal product, these are optional and stage-specific. Deed product links are omitted here while separate Indiana deed-page legal copy is under remediation.

Indiana purchase checklist

Use this as a practical sequence—not a substitute for advice on your facts.

  1. Confirm whether an Indiana broker is preparing the purchase agreement
  2. If yes, obtain the current brokerage-authorized form and written agency paperwork—do not rely on random internet blanks labeled “Indiana”
  3. If no, arrange Indiana real-estate attorney preparation or review before anyone signs
  4. Complete and deliver State Form 46234 (or another IC 32-21-5-7-compliant form) before offer acceptance when the chapter applies
  5. Calendar every deadline from the actual signed agreement
  6. Address federal lead materials for most pre-1978 housing
  7. If the property is in an HOA community, request the IC 32-21-5-8.5 packet early enough for the ten-day-before-closing rule
  8. Select title/closing professionals and confirm deposit, signing, and recording logistics
  9. Treat the deed as part of closing—not a DIY substitute for the purchase contract
  10. If disclosures look incomplete or a dispute is forming, get Indiana legal advice promptly

Step summary

  1. Identify who prepares the agreement A broker-assisted deal uses the current brokerage-authorized form. An FSBO deal needs attorney-prepared or attorney-reviewed writing.
  2. Handle the seller disclosure on time For covered transfers, submit Form 46234 or another compliant disclosure before the seller accepts an offer. Watch the limited two-business-day defect rescission if disclosure arrives late.
  3. Investigate during any contractual contingency window The disclosure is not a warranty. Preserve inspection and title rights in the signed agreement.
  4. Close with verified instructions Coordinate deed, funding, taxes, and recording with your closing professionals. Verify wires independently.

Inspections, contingencies, and other deal issues

Depending on the property and transaction, parties may also need to address:

  • Financing, appraisal, inspection, title, survey, and closing deadlines in the signed purchase agreement
  • Home, sewer, septic, well, radon, pest, and other inspections appropriate to the property
  • Federal lead materials for most pre-1978 housing
  • HOA governing documents, assessments, and management contacts when IC 32-21-5-8.5 applies
  • Flood-plain, historic-district, airport, military-installation, and conservation-easement issues flagged on the disclosure form or by local rules
  • Wire-fraud precautions—verify closing instructions by phone using a known number

Disclosures and agent statements are not a warranty of condition. Preserve inspection and title rights in the signed agreement.

Indiana closings, title, and attorneys

Closing practices vary. Many residential deals use a title company or closing agent to handle the title commitment, funds, signing, and recording. That provider is not automatically your personal lawyer for negotiating contract rights or disclosure disputes. In many represented residential transactions, 876 IAC 8-2-4 also generally requires the listing and selling brokers to attend closing or designate another broker, subject to the rule’s exceptions—confirm current rule text for your facts.

An Indiana real-estate attorney can prepare or review the purchase agreement, advise on title objections, HOA documents, late or disputed disclosures, estate or entity authority, and custom terms. Consider counsel early in FSBO deals and whenever deadlines or documents are unclear.

The purchase agreement creates the sale obligations. The deed conveys title at closing. A deed form is not a substitute for the purchase agreement. PublicLegal is not currently linking Indiana deed product pages from this guidance page while separate deed-page legal copy is under remediation—ask your closer or counsel which deed form fits your transaction.

Independently verify wire instructions. Real-estate wire fraud is common.

When to talk with an Indiana real estate attorney

  • No broker is involved and you need a purchase agreement prepared or reviewed
  • You do not understand brokerage-form deadlines, contingencies, or earnest-money terms
  • Seller financing, land contract, lease-option, trust, estate, entity, or boundary issues appear
  • A claimed IC 32-21-5 exemption is unclear
  • A disclosure arrives late, is amended, or appears incomplete or false
  • HOA documents, assessments, or governance disputes affect the deal
  • Custom occupancy, repair, or possession terms are requested

What PublicLegal does not sell for Indiana

  • An “official Indiana government” residential purchase agreement
  • Indiana REALTORS® or other association member purchase-contract forms, or any lookalike or derivative
  • A generic national purchase blank or national disclosure form relabeled as Indiana-required
  • State Form 46234 as a paid exclusive—the official disclosure is free from the state
  • A deed or closing packet represented as a substitute for the purchase agreement or for Indiana counsel

That keeps this page honest: orientation and primary-source links, not a substitute for brokerage-authorized forms or Indiana legal advice.

Frequently asked questions

Is there an official Indiana government home purchase contract?

No. Indiana does not currently publish a free statewide residential purchase agreement for ordinary resales. Brokered deals usually use the current brokerage-authorized form. PublicLegal does not sell an Indiana REALTORS® lookalike.

Is State Form 46234 the purchase contract?

No. State Form 46234 is the Seller’s Residential Real Estate Sales Disclosure. It addresses the seller’s current actual knowledge of covered property conditions. It is not the purchase agreement and is not a warranty or inspection substitute.

Must every Indiana home seller complete Form 46234?

IC 32-21-5 generally covers sales, exchanges, installment sales contracts, and leases with option to buy for residential real estate with not more than four dwelling units, subject to listed exemptions. Confirm the statute for your facts. When the chapter applies, the seller must provide a compliant disclosure; Form 46234 is the official default, and IC 32-21-5-8 also allows another form containing the required information.

When must the seller disclosure be delivered?

The owner must complete, sign, and submit the disclosure to the prospective buyer before an offer is accepted. Before closing, an accepted offer is not enforceable against the buyer until owner and buyer have signed the disclosure form, subject to the statute’s rules about a buyer who already received or acknowledged the form.

Does a buyer always have two business days to cancel?

No. The two-business-day written rescission in IC 32-21-5-13 applies when a disclosure or amended disclosure received after offer acceptance discloses a statutory defect. It is not a general cancel-for-any-reason cooling-off period for every Indiana home purchase.

What must an HOA seller provide?

For property covered by homeowners-association governing documents, IC 32-21-5-8.5 requires specified HOA disclosures and recorded governing documents not later than ten days before closing. That packet is separate from Form 46234 timing.

Must a seller disclose a death or crime on the property?

Indiana generally does not require disclosure that a property is psychologically affected and permits refusal to disclose those details. An owner or agent may not intentionally misrepresent a fact concerning a psychologically affected property in response to a direct inquiry. Physical contamination and known meth manufacture or dumping issues are separate disclosure subjects.

Do I need an attorney for an Indiana FSBO sale?

Indiana does not publish a free official purchase-agreement blank for ordinary resales. Having an Indiana real-estate attorney prepare or review the written agreement before signature is the safer unrepresented path. This page is orientation, not representation.

Is a deed the same as the purchase agreement?

No. The purchase agreement is the contract to buy and sell. Title typically transfers later by deed at closing. A deed form is not a substitute for the purchase agreement.

PublicLegal provides self-help forms and information. This is not legal advice. Real estate purchase and disclosure rules vary by state and transaction. Confirm requirements for your property with a qualified professional when needed.