Selling your Seymour home and wondering exactly what you must tell buyers? You’re not alone. Indiana’s rules can feel technical, and missing a key disclosure can slow your sale or even undo a signed deal. This guide explains what you must share, when to share it, and local hot spots like flooding, septic, and HOA documents so you can sell with confidence. Let’s dive in.
What Indiana law requires
Bottom line: Most sellers of one to four unit homes must complete Indiana’s Seller’s Residential Real Estate Sales Disclosure (State Form 46234) and truthfully disclose known defects based on your current actual knowledge. You do not have to investigate or test, but you cannot conceal or misstate information. For an overview of the form and what “defect” means, see Indiana’s State Form 46234 guidance.
Homes built before 1978 also require separate federal lead-based paint disclosures. You must provide the EPA/HUD pamphlet, disclose known lead-based paint or hazards, share any reports, and allow buyers a chance to test under the federal lead-based paint disclosure rules.
Who must disclose
Most traditional sales of single-family homes and small multifamily (up to four units) are covered. Certain transfers, such as some court-ordered or estate-related sales, can be exempt. When in doubt, plan to disclose and consult your agent about the correct form package.
What topics are on the form
Indiana law spells out the scope of systems and conditions you must address. Expect questions about:
- Structure and roof, including age and known leaks or settlement.
- Mechanical systems like HVAC, plumbing, water heater, and electrical.
- Water and sewer, including private well or septic details and known issues.
- Appliances included in the sale and their condition.
- Environmental and safety items, such as known mold, asbestos, underground tanks, and contamination from the manufacture of controlled substances unless certified decontaminated.
Timing that protects your sale
You must give the disclosure form to a prospective buyer before you accept an offer. Delivering it early keeps negotiations smooth.
If you deliver a disclosure or an amended disclosure after acceptance that reveals a defect, the buyer has two business days to cancel the contract in writing and receive their deposits back. Late disclosures can unwind a deal, so keep buyers informed promptly if anything changes.
HOA and extra documents
If your property is governed by a homeowners association, Indiana requires you to provide specific HOA information no later than 10 days before closing. That includes notice that the property is in an HOA, the recorded governing documents, current assessments, and contact details for a board member or managing agent.
Seymour issues to highlight
Seymour’s location near the East Fork White River means water-related history matters. Disclose any known past flooding, water intrusion, sump pump installations, drainage improvements, or floodproofing. For context on local flooding history, review this overview of Seymour’s flooding timeline.
If your property uses a private well or septic system, specify the system type and share your actual knowledge of installation dates, service history, repairs, or permits. Buyers rely on this to plan inspections and future maintenance.
Radon is another health-related item to consider. While not a separate statewide disclosure requirement like lead, you should share any known test results or mitigation system details. For more on testing and mitigation, see IDEM’s radon guidance for Indiana homes.
County paperwork in Jackson County
Indiana also requires a separate Sales Disclosure Form for recording and tax purposes. Your closing team must file the Sales Disclosure Form with the Jackson County Auditor before recording the deed. The county assessor reviews it for completeness, and the recorder will not record the deed without it. Knowingly providing false information on this required filing can carry criminal penalties.
For local recording procedures and fees, review the Jackson County Recorder office information. Recording for Jackson County is handled in Brownstown.
Buyer rights and your exposure
The state disclosure is not a warranty. It reflects what you know today. Buyers should still obtain their own inspections. If you become aware of a new material defect while under contract, update the disclosure immediately. Remember, a disclosure delivered after acceptance that reveals a defect gives the buyer a short window to cancel.
Intentionally concealing or falsifying information can lead to serious consequences, including contract rescission and potential civil claims. If you are unsure about an answer, mark it as unknown rather than guessing, and gather any records that help clarify the condition.
Quick seller checklist
- Complete State Form 46234 accurately and give it to buyers before you accept any offer.
- For pre-1978 homes, provide the federal lead pamphlet, disclose any known lead hazards, and allow the buyer’s opportunity to test.
- Coordinate filing of the county Sales Disclosure Form with the Jackson County Auditor before recording the deed.
- Keep buyers updated on any material changes and be prepared to re-certify condition at closing if requested by your closing team.
Smart prep: Documents to gather
- Repair invoices and permits for roof, HVAC, electrical, plumbing, foundation, well, or septic.
- Service and inspection reports, including septic pumping or dye tests, well water tests, and radon results.
- Flood or water-damage records, including mitigation work or sump pump installations.
- HOA documents and assessment statements, if applicable.
Ready to sell with confidence in Seymour? Get local guidance, a clear plan, and professional presentation with Kelly Sullivan.
FAQs
What must a home seller in Seymour disclose?
- You must complete Indiana’s State Form 46234 and disclose known defects about major systems, water and sewer, roof, structure, appliances, and environmental concerns based on your current actual knowledge.
When do I give buyers the Indiana disclosure form?
- Provide the completed form before you accept an offer; late delivery that reveals a defect gives the buyer two business days to cancel and recover deposits.
Do I have to disclose flooding or water issues in Seymour?
- Yes, you should disclose known flooding or water intrusion, sump pumps, drainage improvements, and past water-damage repairs, since local flooding can affect value and buyer planning.
What is the Jackson County Sales Disclosure Form?
- It is a separate county-level form filed with the Auditor for recording and tax purposes; it must be filed before the deed is recorded and has penalties for false information.
What if my home was built before 1978?
- You must follow federal lead-based paint rules by giving the EPA/HUD pamphlet, disclosing known lead hazards, sharing any reports, and allowing the buyer an opportunity to test.
