Yes, you can sell a house as-is in Indiana. “As-is” means you won’t make repairs or pay for them, and the buyer accepts the house in its current condition. It doesn’t mean you can stay quiet about problems you know about.
Most Indiana sellers of a one- to four-unit home still have to fill out the state’s seller disclosure form, and homes built before 1978 come with a federal lead paint disclosure. Below: what as-is covers, which forms apply to you, how inspections and buyer loans affect the sale, and how to price the house honestly.
General information, not legal advice. Disclosure duties depend on your situation. An Indiana real estate attorney can answer questions about your sale.
What selling a house as-is in Indiana means, and what it doesn’t
| As-is means | As-is doesn’t mean |
|---|---|
| You won’t make repairs before closing | You can hide defects you know about |
| You won’t give repair credits unless you choose to | You can skip the state disclosure form |
| The buyer accepts the condition they see | The buyer can’t inspect |
| The price reflects the condition | Lead paint rules stop applying to an older home |
Make sure the purchase agreement says in writing that the sale is as-is, so everyone has the same understanding.
Indiana’s seller disclosure form: who has to fill it out
Indiana’s disclosure law covers a sale, exchange, installment contract, or lease with an option to buy, for residential property with up to four units (IC 32-21-5-1). The owner must complete and sign the form and give it to the buyer before an offer is accepted (IC 32-21-5-10). The Indiana Real Estate Commission’s version is the Seller’s Residential Real Estate Sales Disclosure, State Form 46234, which was updated in 2026 (Indiana PLA).
There’s no exception for cash buyers. If you sell to a company like ours and none of the exemptions below apply, you still fill out the form.
Transfers the law doesn’t cover
The statute lists exemptions (IC 32-21-5-1). In plain terms:
- Court-ordered transfers, including sales in the administration of an estate, foreclosure sales, bankruptcy trustee sales, eminent domain, and transfers under a divorce decree or property settlement agreement
- A lender selling a house it took back through foreclosure or a deed in lieu
- A fiduciary, such as a personal representative, guardian or trustee, selling while administering an estate, guardianship, conservatorship or trust
- One co-owner transferring to another co-owner
- Transfers only to a spouse or a direct-line relative, such as a child, grandchild or parent
- Transfers because the owner didn’t pay taxes
- Transfers to or from a government entity
- The first sale of a newly built home no one has lived in
- Transfers to a living trust
If you inherited a house, whether you need the form can depend on whether you’re selling as the estate’s personal representative or as the owner after the estate is settled. Ask your probate attorney, and see our guide on selling an inherited house in Gary.
What the form asks, and the rules that protect honest sellers
The form asks about the known condition of the foundation, mechanical systems, roof, structure, and water and sewer systems, along with other items. It also covers known contamination from making meth, and flood plain status if you know it (IC 32-21-5-7). The law defines a defect as a problem that would significantly hurt the value, harm the health or safety of future occupants, or shorten the home’s life if not fixed (IC 32-21-5-4).
Several rules work in an honest seller’s favor:
- It’s not a warranty. The form isn’t a promise about the house, and it doesn’t replace an inspection (IC 32-21-5-9).
- You answer from what you actually know. You’re not liable for an error you didn’t actually know about, or one based on a report from a public agency or licensed professional you reasonably believed, as long as you weren’t careless passing it along (IC 32-21-5-11).
- “Unknown” is an allowed answer. If you don’t know, you can say so (IC 32-21-5-12).
- Update it if things change. At or before closing, you must disclose any material change in the home’s condition, or certify that it’s substantially the same (same section).
Timing matters too. An accepted offer can’t be enforced against the buyer until both of you sign the form. If a buyer gets the form after acceptance and it reveals a defect, the buyer has two business days to cancel and get deposits back (IC 32-21-5-13). Hand the form over first.
One more: Indiana doesn’t require you to disclose that a home is “psychologically affected,” such as a death on the property. But you can’t lie about it if a buyer asks you directly (IC 32-21-6-6).
Lead paint disclosure for homes built before 1978
Federal law adds a separate step for most homes built before 1978. According to the EPA, sellers must:
- Give buyers the pamphlet “Protect Your Family From Lead in Your Home”
- Disclose any known lead-based paint or lead hazards, and share available reports
- Include the Lead Warning Statement in the contract
- Give the buyer a 10-day chance to test for lead, which the buyer can waive
- Keep signed copies for three years
As-is doesn’t change any of this. If you’re not sure when your house was built, the county assessor’s records usually show it.
Indiana’s “sales disclosure form” is a different thing
People mix these up. The sales disclosure form (State Form 46021) is a property tax form, not a condition report. The parties must complete and sign it before the deed is filed with the county auditor (IC 6-1.1-5.5-3). It’s used for assessments and for deductions like the homestead deduction (DLGF), and in most sales the filer pays a $20 fee (IC 6-1.1-5.5-4). If you close at a title company, ask whether it will prepare and file this form.
Inspections and buyer financing
As-is doesn’t stop a buyer from inspecting. Most will, and many contracts give the buyer a set period to back out based on what they find.
Financing is where condition matters most. FHA-insured loans require a home to meet minimum property requirements, meaning it has to be safe, sound and secure (HUD Handbook 4000.1). If the appraisal calls out a safety or structural problem, the loan may not close until it’s fixed, even in an as-is sale.
That’s one reason as-is houses fall out of contract with retail buyers. A cash buyer has no lender appraisal to pass. If your list of repairs is long, our page on selling a house that needs repairs goes deeper.
As-is to a retail buyer vs. a cash buyer
| Compared | Retail buyer, usually through an agent | Cash buyer |
|---|---|---|
| Price | Can be higher if the house qualifies for a loan | Below full retail |
| Repairs | The buyer’s lender may still require some | None required |
| Inspection | Common, with a chance to renegotiate or walk away | Varies by buyer; get it in writing |
| Showings | Yes, often many | Usually one visit |
| Timing | Depends on the buyer’s loan and appraisal | Mostly title work, often weeks, not months |
| Agent commission | Paid as agreed in your listing | None when you sell directly to us |
| Seller disclosure form | Required unless exempt | Required unless exempt |
If your house is in decent shape and you have time, listing with an agent may net you more. Our cash buyer vs. agent comparison walks through the trade-offs.
How to price an as-is house
- Find recent sales of similar homes nearby, and note their condition. A remodeled house down the street isn’t a fair match for one with an original kitchen and an aging roof.
- Get written repair estimates from contractors for the big items, like the roof, furnace, foundation or electrical.
- Consider a pre-listing inspection, so a buyer’s inspector doesn’t surprise you.
- Expect buyers to discount for repairs, plus the time and risk of doing them.
- Decide what matters most: the highest possible price, or speed and certainty.
Our guide on what a Gary house is worth as-is goes deeper on valuing a house in its current condition. Homeowners across Gary and Lake County can also request a written cash offer to compare against a listing.
Why honest disclosure protects you
Disclosing a problem can feel like talking a buyer out of your house. In practice, it does the opposite:
- Indiana’s law protects sellers who report what they actually know.
- A buyer who was told about a problem before buying has a harder time claiming later that it was hidden.
- When a big issue comes out up front, the offer can reflect it from the start, instead of surfacing during an inspection after you’ve planned around a number.
When in doubt, disclose, and ask an attorney how to word it.
Quick answers
Do I have to fill out Indiana's disclosure form if I sell to a cash buyer?
Usually, yes. Indiana's disclosure law covers sales of homes with up to four units and has no exception for cash buyers. The exemptions depend on the type of transfer, such as court-ordered sales and certain estate, trust and family transfers.
Do I have to disclose problems I don't know about?
No. The form asks about what you actually know, and 'unknown' is an allowed answer. Don't guess, and don't look away from something obvious. If you've had an inspection or a contractor's report, ask your attorney how to handle it.
Can a buyer back out of an as-is sale?
It depends on the contract. Many give the buyer an inspection period. Under Indiana law, if a buyer receives the disclosure form after the offer was accepted and it shows a defect, the buyer can cancel within two business days and get deposits back.
