Selling and buying without an agent in Indiana

Who runs your closing

Indiana is a title and escrow state. The closing is normally handled by a title or escrow company rather than by an attorney, and hiring a lawyer to attend is not customary. The title company runs the title search, resolves any liens or judgments it finds, prepares the settlement documents, holds the buyer’s funds in escrow, pays off your mortgage, and records the new deed with the county. As a for sale by owner seller, you can still bring in a real estate attorney for a specific reason, such as a probate or inherited property, a divorce, a title defect, or a contract dispute. That choice is yours, not a requirement.

What you must disclose

Indiana takes disclosure seriously. Under Indiana Code 32-21-5, the owner of a one to four unit residential property must complete and sign the Seller’s Residential Real Estate Sales Disclosure, State Form 46234, and deliver it to the buyer before the buyer’s offer is accepted. The form is prescribed by the Indiana Real Estate Commission under IC 32-21-5-7 and 876 IAC 9. It walks you through the condition of the home’s major systems, structure, water, sewer, and known hazards. The state form also asks about contamination from the manufacture of controlled substances, including methamphetamine, a question added by P.L. 180-2014. Answer every item honestly based on what you actually know. The official form is published through the Indiana state forms catalog at forms.in.gov.

Transfer taxes

This is one of the easier parts of an Indiana sale. Indiana imposes no state or local real estate transfer tax on a residential conveyance, so there is no percentage of the sale price owed simply for changing ownership. What you do owe is a twenty dollar Sales Disclosure Form filing fee, paid to the county auditor under IC 6-1.1-5.5-4 and collected at closing from your proceeds. Certain transfers, such as gifts to a charity, are exempt from even that fee. Beyond that, budget only for routine recording fees.

The bottom line for doing it yourself

Indiana rewards a prepared owner. Get State Form 46234 filled out early, line up a reputable title company to run the closing, and budget for that modest filing fee rather than a transfer tax. With those pieces in place, a for sale by owner closing here is well within reach. This guide is general information, not legal advice. For questions about your specific sale, consult a licensed Indiana attorney or title professional.