Disclosures · Indiana
Seller Property Condition Disclosure Statement — Indiana Edition Template
Most states statutorily require sellers of residential real property to deliver a written property condition disclosure to buyers — and even in "caveat emptor" states, failure to disclose known material defects can support fraud and misrepresentation claims. This comprehensive Seller Property Condition Disclosure Statement gives sellers a structured, defensible way to disclose what they actually know, and gives agents a paper trail showing the disclosure obligation was taken seriously.
The 8-page template walks the seller through every major system and condition category: structural components (foundation, roof, walls), water intrusion and drainage history, plumbing, electrical, HVAC, well and septic systems, environmental conditions (asbestos, radon, mold, underground storage tanks), pest and wood-destroying-insect history, boundary and easement issues, HOA and assessment obligations, insurance claims history, and known material defects not otherwise covered. Each item uses the Yes / No / Unknown / Not Applicable convention used in most statutory disclosure regimes, with space for narrative explanation.
State disclosure laws vary enormously — New York's Property Condition Disclosure Act (RPL Art. 14, § 462) was amended in 2024 to eliminate the old $500 credit escape hatch and now requires actual delivery of the disclosure; California's Transfer Disclosure Statement (Cal. Civ. Code § 1102 et seq.) is mandatory and has its own prescribed format; other states have their own statutory forms. The included 50-state variation notes flag where a state-prescribed form is mandatory (in which case this template serves as a supplemental disclosure or preparation worksheet) versus where a general disclosure like this one satisfies the obligation. Template only — always confirm your state's current statutory form requirements.
About this Indiana Edition: Every form in this set is drafted around Indiana's single-license structure — since 2014 all licensees are "brokers" working under a "managing broker," and compensation, listings, and trust funds run through the broker company. Dual representation is handled under Indiana's limited-agency regime in IC 25-34.1-10, which permits it only with written consent containing specified disclosures; the consent form tracks those statements. The listing, buyer, referral, and disbursement forms are built to satisfy Indiana's statute of frauds (IC 32-21-1), including its writing requirement for commission agreements, and the electronic-signature provisions of IC 26-2-8. The seller disclosure template is a supplemental worksheet to the Commission-prescribed state form required by IC 32-21-5, with delivery before offer acceptance, actual-knowledge standard, and the IC 32-21-6 stigmatized-property rule noted. The commercial broker lien act (IC 32-28-12.5) is flagged as inapplicable to residential property. Not legal advice; have an Indiana-licensed attorney review before use.
What's Included
- Structural: foundation, roof, walls, windows
- Water intrusion, drainage & flood zone history
- Plumbing, electrical & HVAC systems
- Well, septic & utility connections
- Environmental: radon, asbestos, mold, USTs
- Pest & wood-destroying insect history
- Boundaries, easements, encroachments & HOA
- Insurance claims & known material defects
- Yes/No/Unknown/N-A format with narrative fields
- 50-state variation notes
Grounded in Law
Modeled on statutory disclosure regimes including NY RPL Art. 14 § 462 (as amended 2024) and Cal. Civ. Code § 1102 et seq., and on common-law fraudulent concealment doctrine holding sellers liable for nondisclosure of known material defects.
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Indiana-specific professional drafting template. Not legal advice.