Indiana FSBO Paperwork: Forms, Timing, and Closing File

“Send me the paperwork” is where the easy part ends

A buyer likes your Indiana home and asks for the paperwork. You have a seller disclosure, a purchase agreement downloaded from somewhere, a deed from the last closing, and a county form with “sales disclosure” in its name.

Those documents do different jobs. Two of them even have confusingly similar names:

• State Form 46234, the Seller's Residential Real Estate Sales Disclosure, tells a prospective buyer what you know about the home's physical condition.
• State Form 46021, the Sales Disclosure Form, supports the property-transfer and assessment process through the county.

Sending the wrong form at the wrong time can create a problem that a folder full of templates will not fix. Build the file around the transaction sequence and the person responsible for each document.

This guide explains the operating map. It cannot decide which exemption, contract clause, deed, tax treatment, title requirement, or closing document applies to your sale. An Indiana real estate attorney, title company, county office, lender, and other licensed professionals handle those questions.

The Indiana FSBO paperwork map

The list changes with the property and deal. A condominium, estate, trust, divorce, lease, land contract, well, septic system, solar agreement, tenant, foreign seller, or homeowners association can add documents and signatures.

State Form 46234 goes to the buyer before offer acceptance

Indiana updated the Seller's Residential Real Estate Sales Disclosure in 2026. The Indiana Professional Licensing Agency's rulemaking docket (opens in a new tab) identifies State Form 46234 (R9 / 2-26) and records the Real Estate Commission's March 11, 2026 adoption of the final rule.

Indiana Code Chapter 32-21-5 generally covers sales of residential real estate containing no more than four dwelling units. The form and statute contain exceptions, so check the current form and obtain legal advice before deciding that your transfer is exempt.

The timing matters. Indiana Code section 32-21-5-10 requires a covered owner to complete, sign, and submit the form to the prospective buyer before accepting an offer. An Indiana Court of Appeals opinion (opens in a new tab) describes the same statutory framework and explains that the disclosure addresses the seller's known property conditions.

Do not wait for closing or treat the form as an attachment you can add after signatures. Put it in the offer workflow:

1. Download the current state form through Indiana's forms catalog or the 2026 rulemaking materials.
2. Answer from your current actual knowledge.
3. Attach explanations or records when the form calls for them or counsel recommends them.
4. Deliver the completed, signed form before accepting the buyer's offer.
5. Keep proof of the version, delivery time, and buyer receipt.
6. Track changes in the property's condition through closing.

The seller disclosure is not a warranty or inspection

Indiana's form asks about appliances, electrical and mechanical systems, roof and structure, water and sewer, hazardous conditions, and other property facts. Read every answer choice and definition on the current form.

The court opinion notes that Indiana's statute treats the disclosure as the seller's representation of current actual knowledge. It also states that the form is not a warranty and does not replace inspections or warranties a buyer may obtain.

“As is” language does not give you permission to guess, conceal, or rewrite your memory. Write what you know, preserve the supporting record, and ask counsel how to handle a disputed fact, old repair, prior report, insurance claim, water event, unpermitted work, or condition that changed after delivery.

Avoid three shortcuts:

• copying answers from the disclosure you received when you bought the home;
• marking “do not know” without reading the question or checking records you already have;
• describing a repair as cured when you cannot support that statement.

Your attorney can help separate a known fact from an opinion and decide whether an attachment improves clarity.

State Form 46021 is a separate closing and assessment document

Indiana's Department of Local Government Finance lists State Form 46021, Sales Disclosure Form, on its Sales Disclosure Form Information page (opens in a new tab). The agency tells filers to contact the county assessor for submission instructions. It also lists separate addenda for agricultural, residential, commercial, and industrial property.

This form does not replace the residential condition disclosure you give the buyer. Its job sits in the transfer and assessment process.

Ask the title company, closing agent, attorney, and county office four concrete questions:

1. Who prepares State Form 46021 for this closing?
2. Which seller and buyer signatures are required?
3. Does the property require an addendum?
4. Who submits it, to which county office, and with what deed or recording package?

Record the answer in your closing checklist. “The title company handles it” is useful only after the title company confirms that assignment.

Most pre-1978 homes add a federal lead process

The EPA Lead-Based Paint Disclosure Rule (opens in a new tab) applies to most housing built before 1978, subject to listed exemptions. Before the contract is signed, covered sellers must disclose known lead-based paint information, provide available records and reports, give the buyer the federal pamphlet, and include the Lead Warning Statement in or with the contract.

The buyer generally receives a ten-day opportunity to conduct a lead inspection or risk assessment unless the parties agree in writing to a different period. EPA publishes a sample seller disclosure (opens in a new tab) and the 2026 edition of the Protect Your Family From Lead in Your Home (opens in a new tab) pamphlet.

Use the current federal materials. A lead checkbox buried in a generic purchase agreement may not complete the required process.

The purchase agreement controls the deal

The seller-condition disclosure describes known conditions. The purchase agreement creates the transaction obligations.

A workable Indiana agreement must fit the property and the deal. Common subjects include:

• legal description and included property;
• price, earnest money, and financing;
• inspection, title, appraisal, and sale-of-home contingencies;
• taxes, assessments, utilities, and prorations;
• closing, possession, occupancy, and risk of loss;
• repairs, credits, personal property, and default remedies;
• required disclosures and addenda.

Internet templates cannot see your title commitment, survey, lender conditions, buyer financing, possession plan, or local closing practice. Ask an Indiana real estate attorney to draft or review the agreement before you accept it. A title company can explain its closing and title requirements, but it does not represent your legal interests unless a lawyer has that role.

Build one dated transaction file

Create a folder with a simple index:

Name each file with the date and document type. Preserve the signed version instead of overwriting it with the next draft.

Treat wiring instructions as a separate security process. The Consumer Financial Protection Bureau (opens in a new tab) warns that scammers impersonate real estate and settlement professionals and send changed payment instructions. Verify changes through a known phone number, not the contact information inside the message requesting the change.

Where Sellable fits

Paperwork does not answer the buyer who calls at 7:40 p.m. or track the person waiting for a showing time. Sellable can help with buyer calls and texts, lead organization, follow-up, and showing requests around one active listing.

Sellable does not supply Indiana forms, draft contracts, prepare deeds, provide title or escrow services, file county disclosures, or give legal advice. Keep the transaction professionals and the response workflow connected, with one person responsible for each handoff.

The clean handoff

Give the buyer the current condition disclosure before offer acceptance when Indiana law requires it. Complete the federal lead process for covered housing before contract signature. Put the negotiated deal in a reviewed purchase agreement. Let the title, legal, county, and closing professionals confirm the transfer documents and filing roles.

That sequence gives each document one job and each deadline an owner.

Sources

• Indiana PLA: 2026 update to State Form 46234 (opens in a new tab)
• Indiana Court of Appeals: Residential Real Estate Sales Disclosure statutory discussion (opens in a new tab)
• Indiana DLGF: Sales Disclosure Form Information (opens in a new tab)
• EPA: Lead-Based Paint Disclosure Rule (opens in a new tab)
• EPA: Seller's lead disclosure sample (opens in a new tab)
• EPA: Protect Your Family From Lead in Your Home (opens in a new tab)
• CFPB: Mortgage closing scam prevention (opens in a new tab)

Reviewed August 26, 2026. Indiana forms, statutes, county procedures, and federal materials can change. Verify the current documents and obtain advice for the property and transaction.