Updated November 2026. For Indiana owners selling without a listing agent who need a sound FSBO agreement.
A FSBO agreement in Indiana is the written purchase contract you and your buyer sign: price, earnest money, financing, inspection and closing date. As of November 2026, Indiana adds 2 state forms. You give State Form 46234 before you accept an offer on a 1 to 4 unit home, and Sales Disclosure Form 46021 goes in at closing.
Selling by owner? A Beycome listing in Indiana puts your home on the major home search sites and the MLS, from $99 in most states (see your state page), with Indiana forms and e-signature in your dashboard.
Jump to: 🪜 What goes in it · 🏠 Selling steps · 📄 Free paperwork · 📍 Indiana disclosures · 🏠 As-is sales · 💲 Closing · ❓ FAQ
Key takeaways
- Indiana sellers of 1 to 4 unit homes must complete Form 46234 and hand it over before an offer is accepted.
- The disclosure is not a warranty, and it’s not part of the contract, but it must be truthful.
- At closing, a sales disclosure form (State Form 46021) goes to the county with the deed.
- Homes built before 1978 also need the federal lead paint disclosure before the buyer signs.
In most Indiana sales, the buyer or the buyer’s agent writes the first offer and you answer it. If an agent wants to buy your home personally, see whether a realtor can make a personal offer in Indiana. Selling by owner doesn’t change that. What changes is that you check every term yourself, or pay someone to check it for you.
Who writes a FSBO agreement in Indiana?
Usually the buyer’s side drafts the offer, often on a standard purchase agreement form. If the buyer has no agent, either of you can start from a standard Indiana form. A real estate attorney can draft or review it for a set fee in many areas.
Avoid blank templates from random websites. A form built for another state can miss Indiana steps, like the disclosure timing. For plain-English legal background, Nolo covers contract basics. The American Bar Association is another place to start when you look for legal help.
Our general guide to the real estate contract for sale by owner explains each clause in more depth.
What goes into an Indiana FSBO agreement?
| Term | What to check |
|---|---|
| Price and earnest money | The amount, the due date, and who holds it, such as a title company. |
| Financing | Cash or loan, the loan type, and the deadline for loan approval. |
| Appraisal | What happens if the appraisal comes in low. |
| Inspection | How many days the buyer has to inspect, and what they can ask for after. |
| Disclosure receipt | A line confirming the buyer got Form 46234 before you accepted. |
| Title and closing | Who picks the title company, who pays for title insurance, and the date. |
| What stays | Appliances, fixtures and anything else that goes with the home. |
| Possession | The day and time the buyer gets the keys. |
Counteroffers
You can change any term and send it back. Keep each version in writing, with dates. Once both of you sign the final version, it’s a binding contract. A verbal yes isn’t.
How do you sell a house by owner in Indiana?
In 7 steps, from price to keys. The FSBO agreement sits in step 5, which is why it gets the most care.
- Price the home from recent sales nearby. Our home value calculator gives a free first range.
- Fill out Form 46234 and, for most homes built before 1978, the lead paint disclosure.
- List it: on the MLS through a flat fee broker, on free sites, or both.
- Book showings and answer buyers fast. Most offers come in the first weeks.
- Hand over the signed disclosure, then sign the FSBO agreement with the buyer you pick.
- Open title with a title company or attorney, which holds the earnest money.
- Sign the deed and Form 46021 at closing, then hand over the keys.
For local detail, from Northwest Indiana to Indianapolis, read how to sell your Indiana home without a realtor. Selling in the capital? See FSBO in Indianapolis.
Is there free paperwork for selling a house by owner?
Yes, most of it. Indiana publishes Form 46234 for free on forms.in.gov, and the EPA’s lead paint pamphlet is free too. Your county assessor or closing agent supplies Form 46021. The one paper that isn’t a free state form is the purchase agreement itself.
| Paper | Where it comes from | Cost |
|---|---|---|
| Seller’s disclosure (Form 46234) | Indiana state forms site | Free |
| Lead paint disclosure and pamphlet | EPA, for most pre-1978 homes | Free |
| Sales Disclosure Form 46021 | County assessor or closing agent | Free form; county fee may apply |
| Purchase agreement | Buyer’s agent, attorney or listing dashboard | Free to an attorney’s flat fee |
| Deed and settlement statement | Title company or attorney | Part of closing costs |
Beycome includes Indiana state forms in the seller dashboard with every listing, plus e-signature. Our checklist of paperwork to sell your home without an agent covers the rest.
What must an Indiana seller disclose?
Seller’s Residential Real Estate Sales Disclosure (Form 46234)
Indiana law (IC 32-21-5) generally requires sellers of 1 to 4 unit homes to complete this form about the home’s known condition. The state form says you must complete, sign and give it to a buyer before an offer is accepted.
The form covers things like the roof, foundation, water, sewer or septic, and systems. You answer based on your current actual knowledge. The form says it’s not a warranty and not a substitute for an inspection. Buyers are told to get their own.
Some transfers don’t need it. The form lists court-ordered sales, foreclosures, transfers by an estate fiduciary, and transfers between co-owners or to a spouse or direct family member, among others.
Lead-based paint
For most homes built before 1978, federal rules require you to share known lead paint information before the buyer signs, per the EPA.
Can you sell a house as-is by owner in Indiana?
Yes. An as-is contract says you won’t make repairs. The buyer can still inspect, and many as-is contracts still let the buyer walk away during the inspection period.
As-is doesn’t remove the disclosure. You still give Form 46234, and you still answer it truthfully. If you know about a leaky roof, say so. Read our guide to selling a home as-is before you pick this route.
What about buying a house on contract in Indiana?
“On contract” usually means a land contract. The seller finances the sale, the buyer pays monthly, and the deed passes at the end. It can open the door to buyers who can’t get a loan.
Sell smarter
List your home on the MLS from $99
A flat fee instead of a percentage, and $0 to Beycome at closing. You stay in control of your sale.
Sell your home →Buy smarter
Get up to 2% back at closing
On homes listed by other agents, Beycome credits you up to 2% of the price at closing (1% kept, $1,499 minimum; not on FSBO homes or homes listed by Beycome sellers).
Buy a home →It also leaves you exposed if payments stop. Have an Indiana attorney draft the contract and record it with the county. Don’t use a one-page template for this one.
How does a for sale by owner closing work in Indiana?
Most owners close with a title company or a real estate attorney. They hold the earnest money, run the title search, prepare the deed and settlement statement, and record the deed.
Indiana also uses a sales disclosure form, State Form 46021, for transfers. It records what the property sold for, for assessment. Hancock County explains that any fee is collected by the County Auditor after the County Assessor decides one applies. Your closing agent usually handles the filing.
The closing agent typically reports the sale to the IRS. Many owners can exclude up to $250,000 of gain on a main home, or $500,000 for married couples filing jointly, if they qualify under IRS Publication 523.
What are common Indiana FSBO contract mistakes?
- Accepting an offer before the buyer has signed Form 46234.
- Leaving inspection or loan deadlines vague, with words like “soon” or “after approval” instead of dates.
- Holding the earnest money yourself instead of using a title company or attorney.
- Agreeing to repairs by text without adding them to the contract.
- Not saying who pays for title insurance, the survey or HOA transfer fees.
- Forgetting the possession date, so move-out day turns into a dispute.
What about the buyer’s agent?
If the buyer has an agent, that agent may ask you to pay their fee. Here’s how realtor fees in Indiana are split today. It’s your choice, and the amount is negotiable. NAR’s settlement page for sellers says such offers can no longer be shown on the MLS. If you agree to pay, put it in a separate written agreement with that agent, and make sure the purchase contract matches it. Beycome’s dashboard has a free template for that agreement.
About 36% of Beycome sales closed in 2026 so far had a buyer with no agent (Beycome internal data, 2026). In those deals, you and the buyer deal directly, so clear deadlines in the contract matter even more.
How does Beycome help with an Indiana FSBO sale?
With a flat fee MLS listing, your home goes on the major home search sites and the MLS. Basic is from $99 in most states (see your state page), with $0 at closing. Beycome lists on MIBOR MLS, Northwest Indiana MLS, Southern Indiana MLS and My State MLS Indiana (Beycome internal data, October 2026). State forms are in your dashboard, and offers come in with e-signature and help from the Artur AI assistant.
Want a person on the offers with you? Beycome Concierge (see current price) gives you experts who work with you from listing to closing, whenever you need them. Every decision stays yours.
Comparing states? See our contract guides for Florida and California. Buying your next home? The Beycome buyer program is open to every buyer on homes listed by other agents (the commission credit can’t apply where no buyer-agent commission is offered, like most FSBO homes, or on homes listed by Beycome sellers) with no upfront fee.
Closing in Indiana? Beycome Title handles title and closing in Indiana, with Prepaid Pricing of $199 at checkout (instead of $245).
Frequently asked questions
What is a FSBO agreement?
The purchase contract between a seller who has no listing agent and the buyer. It sets the price, deposit, financing, inspection, closing date and possession.
Can a realtor make a personal offer on a property in Indiana?
Yes. A REALTOR must disclose that interest in writing to all parties before anyone signs, under Article 4 of NAR’s Code of Ethics.
Is there free paperwork for selling a house by owner?
Yes. Indiana’s Form 46234 and the EPA lead paint pamphlet are free. The purchase agreement is the one paper you get from an agent, an attorney or your listing dashboard.
Do I need a lawyer to sell my house by owner in Indiana?
No, it’s not required; it’s your choice. Many owners pay an attorney to review the contract, and a title company handles the closing.
What is a buy-sell agreement in Indiana?
It’s another name for the purchase agreement: the signed contract that sets the price, deadlines and terms of the sale.
When must I give the Indiana seller’s disclosure?
Before you accept an offer. Form 46234 must be completed, signed and given to the buyer first.
Is an as-is contract allowed for FSBO in Indiana?
Yes. It limits repairs, but you still give the disclosure form and answer it truthfully.
What is the Indiana sales disclosure form 46021?
A county form filed with the deed that records the sale price for assessment. The closing agent usually files it.
Can I put my Indiana FSBO home on the MLS?
Yes, through a flat fee MLS broker. Beycome lists Indiana homes on MIBOR, Northwest Indiana MLS, Southern Indiana MLS and My State MLS Indiana, with $0 at closing.
Prices as of November 2026 and subject to change. Basic: from $99 in most states (see your state page). Concierge: see current price. “$0 at closing” means no Beycome fee at closing; title, recording, taxes and any agreed buyer-agent compensation still apply. Basic and Enhanced get offer help from the Artur AI assistant, not a person. Beycome Title: Florida, Texas, Michigan, Ohio, Illinois and Indiana. General information, not legal or tax advice; have an Indiana attorney review your contract.
Sources
- Indiana State Form 46234, Seller’s Residential Real Estate Sales Disclosure, read October 22, 2026.
- Hancock County, Indiana, sales disclosure (State Form 46021), read October 22, 2026.
- EPA, real estate lead disclosures, read October 22, 2026.
- IRS Publication 523, Selling Your Home, read October 22, 2026.
- NAR, what the settlement means for home sellers, read October 22, 2026.
- Beycome, listing package features and MLS coverage, October 2026.
Disclosure & Disclaimer
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