Updated: November 4, 2026 · By Mark Dietel, Broker/Owner, Mark Dietel Realty · 7-minute read
Quick answer: Yes. Mark Dietel Realty tells Central Indiana sellers that an as-is sale lets you skip repairs, as long as you still give the Indiana disclosure form for known problems, the buyer may still inspect and the buyer's lender may still require fixes. Cosmetic work is fine to skip, and roof, water and safety items tend to surface anyway.
What we analyzed: Indiana's residential sales disclosure law, the state seller disclosure form, HUD's FHA handbook and EPA's lead paint rule, read on November 4, 2026. Rules change, so confirm current wording with an attorney.
Sellers with a house that needs work ask us what an as-is sale lets them skip. One point surprises many of them. Our read is that a pre-listing inspection report turns hidden problems into things you know, and the Indiana form asks about what you know.
Key takeaways
- You can sell an Indiana house as-is and skip repairs. "As-is" is wording in your purchase agreement, and your disclosure duty stays in place.
- Indiana's seller disclosure form covers problems you know about, such as the roof, foundation and water systems. The buyer gets it before you accept an offer.
- A buyer's inspection can still find problems, and some loan programs, including FHA, can require repairs before the loan funds.
- Our read: cosmetic work is usually fine to skip. Water, roof and safety items come back at the negotiating table.
What does "as-is" mean when you sell a house in Indiana?
In a sale, as-is means you tell the buyer you will not make repairs or pay for them. It is a term in your purchase agreement, and it lets you sell the house in its current condition. Indiana's disclosure law, the inspection rights your contract gives the buyer and the buyer's lender all still apply.
In our experience, as-is works as a pricing message: the price already reflects the condition.
Do you still have to give the disclosure form if you sell as-is?
Yes, in most sales. Indiana Code 32-21-5 covers sales of homes with up to four dwelling units. You complete State Form 46234, sign it and give it to the buyer before you accept an offer. A short list of transfers is exempt (IC 32-21-5-1, 2012 text), and a plain as-is sale is not on that list.
The form asks about the known condition of the foundation, mechanical systems, roof, structure, and water and sewer systems. The statute says the form is not a warranty (IC 32-21-5-9). An owner is not liable for an error that was outside the owner's actual knowledge (IC 32-21-5-11). The form covers the problems you know about, and Indiana does not require you to test for hidden ones. The same form applies to a Greenwood, Indianapolis or Bloomington seller, because Indiana Code sets it statewide.
Exemptions include court-ordered transfers, transfers by an executor or trustee, and some family transfers. If you are selling through an estate, a divorce or a trust, ask an attorney whether the form applies. See what to disclose when selling an Indiana home for more on the form.
Can a buyer still inspect, ask for repairs or walk away?
Yes, if your purchase agreement gives the buyer an inspection period. As-is tells the buyer you will not make repairs, and the buyer may still inspect. The buyer may use the results to ask for a lower price or to end the contract if the agreement allows it.
A buyer's loan can add its own rules. HUD's FHA handbook (4000.1, 2025-26 version) says the property must be safe, sound and secure. The appraiser notes repairs needed to comply, and the lender decides what must be fixed. On request, the appraiser hired for the buyer or the lender also gets a copy of your disclosure form (IC 32-21-5-10). If an appraisal comes in low, see what to do when the appraisal comes in low.
A cash buyer has no lender appraisal, so loan repair rules drop out. Your disclosure duty and the contract's inspection rights remain. Our page on a cash offer versus listing your home compares those paths.
Which repairs can you skip, and which will come up anyway?
You can skip cosmetic work and updates. Problems you know about go on the form, and inspections and appraisals tend to find roof, water and safety items. EPA's lead-based paint disclosure rule (Section 1018 of Title X) applies to homes built before 1978 even when you fix nothing.
What you can skip when you sell as-is in Indiana
| Item | Can you skip the repair? | What still applies |
|---|---|---|
| Worn paint, flooring or a dated kitchen or bath | Usually yes | Buyers see it on the tour. Our read: it affects the price they offer. |
| A roof leak, foundation crack or water in the basement that you know about | Yes, you can skip the repair | List it on State Form 46234, which covers the roof, foundation, structure and water systems. A buyer's inspector will likely find it. |
| Furnace, water heater, electrical or plumbing problems | Yes, you can skip the repair | Known problems go on the form under mechanical systems. A lender may require safety-related repairs before it funds the loan. |
| Health or safety hazards | Depends on the buyer's loan | For FHA loans, the appraiser notes repairs needed for the home to be safe, sound and secure, and the lender decides what must be done. |
| Lead-based paint in a home built before 1978 | You do not have to remove it | Give the buyer EPA's pamphlet before the buyer signs a contract, share what you know, and allow a 10-day inspection window unless the buyer waives it or you agree otherwise in writing. |
What does this look like in Central Indiana?
Here is a made-up example with made-up figures, not a client story or a quote. Picture a house in Johnson County listed as-is at $300,000. It was built in 1974. The carpet is worn and the kitchen is dated. The roof leaks in heavy rain, and the owner knows it.
- The owner skips the carpet and kitchen. Buyers see them on the tour and factor them into their offers.
- The owner lists the roof leak on State Form 46234 before accepting an offer, and gives the buyer the lead paint pamphlet and a 10-day window to test, because the house predates 1978.
- The buyer's inspector confirms the leak. The two sides talk about price or a credit, and a lender may ask for the roof to be repaired before closing.
When this doesn't apply
Skipping the repair fits when the work is cosmetic, time is short or the buyer pays cash. Fixing it first fits when it is a known roof, water or safety item and a financed buyer's lender may ask for it before funding. This page may not fit you if your home is in good shape and you have time, since you may not need to sell as-is at all. It also may not fit if you are selling through an estate, a trust, a divorce or a court order, where exemptions may apply, so talk with an attorney first. A property with more than four dwelling units, or outside Indiana, follows different rules.
What to do next
- Write down every problem you know about, from the roof to the plumbing.
- Read what to disclose when selling and ask an attorney about anything unclear.
- Ask for a written net sheet so you can see what you would keep under each way to sell.
Prefer to talk? Call (317) 426-9911. Mark Dietel Realty has offices in Southside Indianapolis, Greenwood and Bloomington.
Frequently asked questions
Can a buyer come after me later if I sell as-is?
The form is not a warranty, and an owner is not liable for errors outside the owner's actual knowledge (IC 32-21-5-9 and 5-11). Knowingly hiding a problem carries separate risk, so talk to a real estate attorney if you have a concern.
What if I learn about a problem after the buyer accepts my offer?
Tell the buyer. Before settlement, an owner must disclose any material change in condition or certify that it is substantially the same (IC 32-21-5-12). If the buyer first receives a disclosure of a defect after accepting, the buyer has two business days to cancel in writing and get deposits back (IC 32-21-5-13).
Do I have to disclose a problem I don't know about?
No. The form asks about conditions you know about, and Indiana does not require you to test for hidden problems. The buyer's inspector may still find one, so price and negotiate with that possibility in mind, and ask your attorney about any doubt.
Should I order a pre-listing inspection before selling as-is?
Our read: it shows what a buyer's inspector would likely find, and anything the report tells you becomes something you know and must report. Ask your attorney whether ordering one fits your situation.
This is general information, not legal, tax or appraisal advice. Confirm your situation with a real estate attorney, a CPA or your lender.
Mark Dietel Realty - offices in Indianapolis (Southside), Greenwood and Bloomington, Indiana.
Sources
- Indiana Code, Title 32, Article 21, Chapter 5, Residential Real Estate Sales Disclosure (Justia, 2025 listing)
- Indiana Code 32-21-5, text of sections 1 through 13 (Justia, 2012 version)
- IC 32-21-5-13, buyer's right to nullify the contract (FindLaw, current as of January 1, 2026)
- Indiana home sellers: disclosures required under state law, State Form 46234 (Nolo)
- HUD FHA Single Family Housing Policy Handbook 4000.1, property acceptability criteria (HUD)
- Real Estate Disclosure, Lead-Based Paint Disclosure Rule (U.S. EPA)
