The seller's disclosure (State Form 46234) is about what you know of the home's condition, and you complete it yourself. The sales disclosure form (State Form 46021) records the sale for the county, and the buyer and seller complete it together. The condition form is not a warranty and does not replace an inspection.
The two forms side by side
| Detail | Seller's disclosure | Sales disclosure form |
|---|---|---|
| Full name | Seller's Residential Real Estate Sales Disclosure | Sales Disclosure Form |
| State form | 46234 | 46021 |
| Indiana law | IC 32-21-5 | IC 6-1.1-5.5 |
| What it covers | The known physical condition of the property | The property, the transfer and the sale conditions |
| Who completes it | The seller | The buyer and seller (Part 1), then the county assessor and county auditor |
| When | Signed and given to a prospective buyer before an offer is accepted | Whenever a conveyance document is filed |
The seller's disclosure: State Form 46234
Indiana law (IC 32-21-5) generally requires sellers of one- to four-unit residential property to complete this form about the property's known physical condition. It covers appliances, electrical, water and sewer, heating and cooling, roof, water heater, furnace, central air conditioning, hazardous conditions and other disclosures, with room for added comments. [1]
How to complete it
- Answer every question truthfully and complete the form yourself.
- Report all known conditions, regardless of how you know about them or when you learned about them.
- Mark "not applicable/rented" for an item that does not apply or is rented. Mark "unknown" if you truthfully do not know the answer.
- If you learn something before closing that changes an answer, tell any potential buyer in writing right away.
Source: [1]
When the buyer gets it
The seller must complete and sign the form and submit it to a prospective buyer before an offer is accepted for the sale of the property. At or before settlement, the owner must disclose any material change in the physical condition of the property, or certify to the buyer at settlement that the condition is substantially the same as when the form was provided. [1]
What the form is not
- It is not a warranty by the seller or the seller's broker.
- It does not replace an inspection or a warranty the buyer may later obtain.
- Its statements are the owner's, not the real estate agent's.
- It is for disclosure only and is not meant to be part of the contract between the buyer and the seller.
- A buyer cannot invalidate a sale or a purchase contract because the buyer failed to sign a disclosure form that the buyer received or acknowledged.
Source: [1]
When you do not need it
The form lists nine kinds of transfer that do not require it (IC 32-21-5-1(b)): [1]
- Court-ordered transfers, including estate administration, foreclosure sale, a bankruptcy trustee, eminent domain, specific performance, a divorce decree or a property settlement agreement
- Transfers by a lender that acquired the property at a foreclosure sale or by a deed in lieu of foreclosure
- Transfers by a fiduciary administering an estate, guardianship, conservatorship or trust
- Transfers from one co-owner solely to another co-owner
- Transfers solely to a spouse or to a direct-line relative (the form's term is "lineal line of consanguinity") of at least one of the transferors
- Transfers because the record owner did not pay federal, state or local taxes
- Transfers to or from a governmental entity
- The first sale of a dwelling that has not been inhabited
- Transfers to a living trust
Not sure whether your sale fits one of these? Ask your agent or an Indiana real estate attorney.
"As is" sales
"As is" wording does not appear anywhere on the state's seller disclosure form, and the form's instructions tell sellers to report all known conditions regardless of how they know about them or when they learned about them. How an "as is" term and the disclosure work together in your contract is a question for your agent and an Indiana real estate attorney. [1]
The sales disclosure form: State Form 46021
This form comes from the Indiana Department of Local Government Finance (DLGF) under IC 6-1.1-5.5. Indiana law requires it whenever a conveyance document is filed, and a conveyance is any transfer of a real property interest for valuable consideration. [2] [3]
- Part 1 is completed by the buyer (grantee) and the seller (grantor): the property, the sale conditions and the transaction details.
- Part 2 is for the county assessor, who reviews the form for completeness and stamps it before it goes to the county auditor.
- Part 3 is for the county auditor, who records the fee collected and the date of transfer.
The county auditor may not accept a conveyance if the form is not included with the conveyance document, or if it is incomplete or not stamped by the county assessor. [3]
The filing fee
The state filing fee is $20, paid to the county auditor. No fee is due for a transfer to a charity, not-for-profit organization or government entity, for a compulsory transaction (foreclosure or the threat of it, divorce, court order, condemnation or probate), or for a partition of land between co-owners. [4] [2] Fees are set by state law and can change, so confirm the amount with the county auditor or your closing office.
Privacy
Telephone numbers and Social Security numbers on the form are confidential under IC 6-1.1-5.5-3. The form asks you not to add other personal identifying numbers, such as passport or government ID numbers, because it may become publicly available. [2]
Ask your agent or the closing office who will prepare and file the form for your closing.
Selling in Kentucky?
Kentucky has its own form for the condition of the property. See our page on the Kentucky Seller's Disclosure of Property Condition (KREC 402).
Indiana seller disclosure questions
Do I have to complete the Indiana seller's disclosure form?
When does the buyer receive the seller's disclosure?
What if something changes after I complete the form?
What is the Indiana sales disclosure form?
How much does it cost to file the sales disclosure form?
If you are getting ready to sell
Start with the Seller's Guide, read the step-by-step selling guide, or request a free valuation. For questions about your own sale, talk with Tina.
Sources and scope
General consumer information for sellers in Indiana, checked against the state's published forms and DLGF guidance in October 2026. It is not legal advice. Forms and fees are set by the state and can change, so use the current forms and ask your agent or an Indiana real estate attorney about your sale.