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IN · Flood-disclosure law

Does a Indiana seller have to disclose flooding?

Indiana requires sellers of residential property (1-4 dwelling units) to give the buyer a written Sales Disclosure Form before accepting an offer, and the statutory form requires the owner to disclose known flood-plain (FEMA Flood Insurance Rate Map) status, drainage, and water/flooding conditions.

Indiana at a glance

Flood-specific disclosure

The statute or the state-mandated form has dedicated flood questions — flood-zone status, flood history, prior claims, or flood-insurance history.

DisclosureRequired
Opt-outNone
Primary-source verified· verified June 16, 2026
Ind. Code § 32-21-5 (Residential Real Estate Sales Disclosure; form contents 32-21-5-7; presentation 32-21-5-10; owner liability 32-21-5-11)

The 4-card answer

Indiana flood-disclosure, decoded

Whether the seller must disclose, what triggers it, the penalties, and any opt-out gotcha — each card cites its source.

Does the seller have to disclose flooding?

Disclosure required

Flood-specific disclosure

Indiana requires sellers of residential property (1-4 dwelling units) to give the buyer a written Sales Disclosure Form before accepting an offer, and the statutory form requires the owner to disclose known flood-plain (FEMA Flood Insurance Rate Map) status, drainage, and water/flooding conditions.

The statute or the state-mandated form has dedicated flood questions — flood-zone status, flood history, prior claims, or flood-insurance history.

Ind. Code § 32-21-5 (Residential Real Estate Sales Disclosure; form contents 32-21-5-7; presentation 32-21-5-10; owner liability 32-21-5-11)Primary-source verified· verified June 16, 2026

What triggers the duty

  • Sale of residential real property with one to four dwelling units
  • Form must be completed and signed by the owner and submitted to the buyer before the buyer's offer is accepted
  • Disclosure limited to the owner's current actual knowledge; owner's knowledge that the property lies within a FEMA flood-plain boundary must be disclosed

Penalties & remedies

Not specified as a statutory fine. Under IC 32-21-5-11 the owner is not liable for errors/omissions outside the owner's actual knowledge if not negligent; liability arises under common-law fraud where the owner knowingly misrepresents or conceals a defect.

Buyer remedy: Varies — common-law fraud/misrepresentation damages where the owner had actual knowledge a representation was false; the disclosure form is not a warranty (IC 32-21-5-9, 32-21-5-11).

Opt-out gotchas

No statutory opt-out or waiver-for-credit mechanism identified. The disclosure duty (where it exists) cannot simply be bought out.

Research note ▾

IC 32-21-5 confirmed via Justia codification and the official Indiana disclosure form (forms.in.gov id 5236). The statutory Sales Disclosure Form requires disclosure of known flood-plain location per a FEMA Flood Insurance Rate Map, plus drainage and water/flooding items, based on the owner's 'current actual knowledge.' Liability limited by IC 32-21-5-11; fraud claims preserved for knowing misrepresentation. Justia/official-form pages returned 403 to automated fetch; statute and form text corroborated via multiple WebSearch result quotations.

Buyer's rights

If you're buying in Indiana

Your rights re-framed from the buyer's side, plus a pre-closing checklist that holds in every state.

What Indiana law gives you as a buyer

Indiana requires a seller disclosure (see the answer cards), so you have a statutory document to rely on — and a remedy if the seller knowingly withheld a material flood fact. Varies — common-law fraud/misrepresentation damages where the owner had actual knowledge a representation was false; the disclosure form is not a warranty (IC 32-21-5-9, 32-21-5-11).

Ind. Code § 32-21-5 (Residential Real Estate Sales Disclosure; form contents 32-21-5-7; presentation 32-21-5-10; owner liability 32-21-5-11)

Your pre-closing checklist (works in every state)

  • Pull a free FEMA flood-zone lookup

    Enter the address on FEMA's Flood Map Service Center to see the property's flood-zone designation (Special Flood Hazard Area = Zone A/V). This is public and free, regardless of what the seller discloses.

    msc.fema.gov ↗

  • Request a CLUE / loss-history report

    A C.L.U.E. (Comprehensive Loss Underwriting Exchange) report shows insurance claims filed on the property in the last ~7 years, including water and flood claims. The current owner can pull theirs free once a year from LexisNexis.

    LexisNexis consumer disclosure ↗

  • Get an independent inspection — ask about water

    Hire your own inspector and specifically flag drainage, grading, sump pumps, and signs of past water intrusion (staining, efflorescence, fresh paint in basements). An inspection contingency protects you if problems surface.

  • Get a flood-insurance quote before you waive contingencies

    Quote NFIP or private flood coverage early. Homeowners' insurance does NOT cover flood damage. A federally backed mortgage on a property in a Special Flood Hazard Area generally requires flood insurance — budget for it.

    floodsmart.gov ↗

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Indiana

Does the seller have to disclose flooding?

Disclosure required

Flood-specific disclosure

Indiana requires sellers of residential property (1-4 dwelling units) to give the buyer a written Sales Disclosure Form before accepting an offer, and the statutory form requires the owner to disclose known flood-plain (FEMA Flood Insurance Rate Map) status, drainage, and water/flooding conditions.

The statute or the state-mandated form has dedicated flood questions — flood-zone status, flood history, prior claims, or flood-insurance history.

Ind. Code § 32-21-5 (Residential Real Estate Sales Disclosure; form contents 32-21-5-7; presentation 32-21-5-10; owner liability 32-21-5-11)Primary-source verified· verified June 16, 2026

What triggers the duty

  • Sale of residential real property with one to four dwelling units
  • Form must be completed and signed by the owner and submitted to the buyer before the buyer's offer is accepted
  • Disclosure limited to the owner's current actual knowledge; owner's knowledge that the property lies within a FEMA flood-plain boundary must be disclosed

Penalties & remedies

Not specified as a statutory fine. Under IC 32-21-5-11 the owner is not liable for errors/omissions outside the owner's actual knowledge if not negligent; liability arises under common-law fraud where the owner knowingly misrepresents or conceals a defect.

Buyer remedy: Varies — common-law fraud/misrepresentation damages where the owner had actual knowledge a representation was false; the disclosure form is not a warranty (IC 32-21-5-9, 32-21-5-11).

Opt-out gotchas

No statutory opt-out or waiver-for-credit mechanism identified. The disclosure duty (where it exists) cannot simply be bought out.

Research note ▾

IC 32-21-5 confirmed via Justia codification and the official Indiana disclosure form (forms.in.gov id 5236). The statutory Sales Disclosure Form requires disclosure of known flood-plain location per a FEMA Flood Insurance Rate Map, plus drainage and water/flooding items, based on the owner's 'current actual knowledge.' Liability limited by IC 32-21-5-11; fraud claims preserved for knowing misrepresentation. Justia/official-form pages returned 403 to automated fetch; statute and form text corroborated via multiple WebSearch result quotations.

Summary of Indiana law as of June 2026. Not legal advice.

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