Sec. 7. The Indiana real estate commission established by IC 25-34.1-2-1 shall adopt a specific disclosure form that contains the following:
(1) Disclosure by the owner of the known condition of the following:
(A) The foundation.
(B) The mechanical systems.
(C) The roof.
(D) The structure.
(E) The water and sewer systems.
(F) Additions that may require improvements to the sewage disposal system.
(G) Other areas that the Indiana real estate commission determines are appropriate.
(2) Disclosure by the owner of known:
(A) contamination caused by the manufacture of a controlled substance (as defined by IC 35-48-1-9) on the property that has not been certified as decontaminated by a qualified inspector who is certified under IC 16-19-3.1; or
(B) manufacture of methamphetamine or dumping of waste from the manufacture of methamphetamine in a residential structure on the property.
(3) A notice to the prospective buyer that contains substantially the following language:
"The prospective buyer and the owner may wish to obtain professional advice or inspections of the property and provide for appropriate provisions in a contract between them concerning any advice, inspections, defects, or warranties obtained on the property.".
(4) A notice to the prospective buyer that contains substantially the following language:
"The representations in this form are the representations of the owner and are not the representations of the agent, if any. This information is for disclosure only and is not intended to be a part of any contract between the buyer and owner.".
(5) A disclosure by the owner that an airport is located within a geographical distance from the property as determined by the Indiana real estate commission. The commission may consider the differences between an airport serving commercial airlines and an airport that does not serve commercial airlines in determining the distance to be disclosed.
[Pre-2002 Recodification Citation: 24-4.6-2-7.]
As added by P.L.2-2002, SEC.6. Amended by P.L.1-2003, SEC.83; P.L.159-2011, SEC.41; P.L.180-2014, SEC.5; P.L.111-2018, SEC.13.
Structure Indiana Code
Article 21. Conveyance Procedures for Real Property
Chapter 5. Residential Real Estate Sales Disclosure
32-21-5-1. Applicability of Chapter
32-21-5-5. "Disclosure Form" Defined
32-21-5-7. Disclosure Form; Contents
32-21-5-8. Owner Prepared Disclosure Form
32-21-5-9. Disclosure Form Distinguished From Warranty
32-21-5-10. Disclosure Form; Presentation Required Before Acceptance of Offer