Indiana Real Estate Purchase Agreement

In Indiana, real estate transactions must be formalized through written agreements. These legally binding documents serve as the cornerstone of property acquisitions, delineating buyers' and sellers' rights and obligations. Therefore, it's essential to understand the properties of an Indiana real estate purchase agreement for successful transactions.

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Legal Aspects

Navigating property dealings using an Indiana real estate purchase agreement comes with legal requirements. These contracts must feature specific sections required by state rental laws to make them binding.

Writing Requirement

• Parties – A binding agreement must list the legal names, addresses, and contact information of all parties involved in the transaction, including buyers, sellers, and real estate agents.

• Property description – It’s essential to provide the full legal description of the property, street address, tax parcel number, existing encumbrances, and whether mineral rights are included or excluded. Indicate any applicable homeowners association.

• Purchase price – Clearly state the agreed-upon purchase price. Specify the amount and treatment of earnest money deposit, acceptable forms of payment, and when closing funds are due.

• Closing and possession – The expected closing date should be indicated, along with procedures if the date needs to be extended. Outline documentation and processes required at closing, such as deed delivery and transfer of keys. State a date that possession of the property will transfer to the buyer, along with expectations of condition and occupant status.

• Inspections – State timeline for the buyer to complete property condition inspection, pest inspection, and other desired inspections. Outline the buyer’s right to cancel based on inspection results.

• Title – Include provisions for the title search process, title insurance commitment, and requirements for delivery of marketable title.

• Financing details – If the sale is contingent on the buyer obtaining financing, the specific terms should be outlined, such as minimum loan amount, type of loans allowed, timeframes, provisions if financing cannot be obtained, etc.

• Signatures – Include signature and date lines for all parties. Add witness signature lines where required.

Required Disclosures

Indiana law requires sellers to fully disclose all known material defects to buyers. This helps ensure the property’s condition is fairly represented. The mandated disclosures in an Indiana real estate purchase agreement include:

• Property conditions – Requires owners/sellers to give full disclosure of known defects or deficiencies in the appliances, electrical system, water/sewer system, HVAC system, roof, basement/crawlspace, structural foundation, walls, floors, ceilings, windows, or driveways/sidewalks.

• Hazardous conditions – Disclose any known hazardous conditions on the property, such as lead paint, asbestos, mold, radon gas, methamphetamine manufacturing, storage tanks, contaminated soil, etc.

• Pest infestation – Disclosing any current or previous wood-destroying insect infestations, control efforts, or damage is crucial.

• Indoor environmental hazards – For transparency, the seller must provide information about known indoor hazards like flammable insulation, formaldehyde, contaminated drywall, exposed fiberglass, etc.

• Water intrusion – The owner must disclose any known water penetration issues in the basement, crawlspace, or living areas as they put their property on the market.

• Mechanical systems – A full disclosure of any defects in the heating, cooling, plumbing, electrical, security system, appliances, etc is mandatory.

• Legal issues – One must reveal zoning violations, nonconforming uses, restrictive covenants, encroachments, easements, litigation, foreclosures, or code violations.

• Additions/alterations – The seller must provide information about any room additions, remodeling, or other improvements done without required permits or not in compliance with building codes.
• Other disclosures – The seller must also disclose any other information that may reasonably affect the value or desirability of the property.

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