What Lead-Paint Rules Apply When Selling a Pre-1978 Indiana Home?
Quick answer: If your Indiana home was built before 1978, you complete a federal lead-based paint disclosure as well as Indiana's State Form 46234, and in practice both reach the buyer before you accept an offer. Mark Dietel Realty walks Southside and Johnson County sellers through the EPA pamphlet, known hazards, any reports and the 10-day inspection window.
What we analyzed: the U.S. EPA lead disclosure and Renovation, Repair and Painting rules (pages current as of October 2026), Indiana Code 32-21-5, and the Indiana REALTORS / MIBOR Housing Hub report for Marion County, September 2026.
Key takeaways
- The rule covers most housing built before 1978 and comes from federal law, not Indiana law.
- You do not have to test for lead or remove lead paint to sell. You do have to disclose what you know and share any records you have.
- The lead disclosure is separate from Indiana's Seller's Residential Real Estate Sales Disclosure, State Form 46234. Pre-1978 sellers complete both.
What does the federal lead rule require when I sell a pre-1978 home?
Under the federal Residential Lead-Based Paint Hazard Reduction Act (Section 1018 of Title X), sellers of most pre-1978 housing must give buyers the EPA pamphlet, disclose any known lead-based paint or hazards, share available records and reports, include a Lead Warning Statement, and allow a 10-day inspection opportunity before the buyer is obligated under the contract.
Here is the checklist we use with sellers, from the U.S. Environmental Protection Agency's disclosure page:
Federal lead disclosure checklist
- Give the pamphlet
- What it means in practice: Provide the EPA pamphlet "Protect Your Family From Lead in Your Home." The current edition is dated January 2026.
- When it happens: Before the buyer signs the purchase agreement.
- Disclose what you know
- What it means in practice: State any known lead-based paint or lead hazards, where they are and their condition. If you know of none, say so.
- When it happens: Before the buyer signs.
- Share records
- What it means in practice: Provide any lead inspection, risk assessment or abatement reports you have.
- When it happens: Before the buyer signs.
- Include the warning statement
- What it means in practice: The disclosure form contains a standard Lead Warning Statement. EPA provides sample forms.
- When it happens: As part of the disclosure form.
- Offer the inspection window
- What it means in practice: The buyer gets 10 days to arrange a lead inspection or risk assessment, unless waived or changed in writing.
- When it happens: Written into the purchase agreement.
- Keep the signed form
- What it means in practice: Keep the signed disclosure for three years after the sale closes.
- When it happens: After closing.
How does the lead disclosure fit with the Indiana disclosure form?
They are two separate forms with two separate legal sources. Indiana's State Form 46234 comes from IC 32-21-5 and covers the roof, foundation, structure, mechanical systems, and water and sewer systems. The lead form comes from federal law and covers only lead-based paint. A pre-1978 seller completes both before accepting an offer.
Indiana's law requires the state disclosure form to reach the buyer before an offer is accepted (IC 32-21-5-10). The federal lead disclosure has to be completed before the buyer is obligated under the contract. In practice, finish both before the listing goes live on the MIBOR BLC.
Want this applied to your own house? Call Mark Dietel Realty at (317) 426-9911, or use the request button further down this page.
Do I have to test for lead or remove lead paint before selling?
No. The federal disclosure rule does not require sellers to test for lead or remove it. It requires you to disclose what you know and hand over the records you have. Paint repairs may fall under separate EPA lead-safe work rules.
If you hire a contractor to scrape, sand, replace windows or do other work that disturbs paint in a pre-1978 home, EPA's Renovation, Repair and Painting (RRP) Rule generally requires the firm to be EPA- or state-certified and to use certified renovators. EPA's guidance for do-it-yourselfers says the RRP Rule generally does not apply to homeowners working on their own home, with exceptions such as renting out part of the home.
So the choice is disclose only, or stabilize the paint first. Disclosing only costs nothing up front and keeps your timeline. In our experience, though, appraisers on FHA and VA loans often flag chipping paint on pre-1978 homes for repair before closing, which can delay a sale. Paying a certified firm before listing costs money and time, and removes that surprise. Your price range decides which way to lean, since it decides how many buyers use those loans.
What does this look like in Central Indiana?
Here is a hypothetical example, not a real client. Say you own a 1958 ranch in Beech Grove, in Marion County, and recent sales suggest a price around $225,000. Marion County's median sale price was $250,000 in September 2026, per the Indiana REALTORS / MIBOR Housing Hub, so this home sits a little below the county midpoint. In our experience, FHA and other low-down-payment loans are common at that price.
Before listing, you confirm the 1958 build year from the county record and complete the lead disclosure. You have never tested, so you disclose no known lead-based paint and no reports, and you note the peeling window trim on State Form 46234. During prep, an EPA-certified firm scrapes and repaints the trim using lead-safe practices, and you keep the invoice. At the offer, the buyer receives the pamphlet and both forms and waives the 10-day lead inspection in writing.
Get a plan for your house
We'll lay out timing, prep and pricing for your address: listing, a cash/as-is sale, or a guaranteed sale at a price agreed upon in advance, side by side. Conditions apply.
When this doesn't apply
EPA lists exemptions, including:
- Housing built in 1978 or later.
- Zero-bedroom units, such as studios and efficiency units.
- Housing that a certified inspector has found free of lead-based paint.
- Foreclosure sales.
- Leases of 100 days or less.
What to do next
Look up your build year on the county property record. If it is before 1978, gather any lead reports you have and ask for the lead disclosure form with State Form 46234.
Mark Dietel Realty prepares both forms with sellers across Southside Indianapolis, Johnson County and Bloomington, and can explain each question without filling in your answers. For the broader disclosure picture, see What Do I Need to Disclose When Selling My Indiana Home?
Get a plan for your house
We'll lay out timing, prep and pricing for your address: listing, a cash/as-is sale, or a guaranteed sale at a price agreed upon in advance, side by side. Conditions apply.
Prefer to talk? Call (317) 426-9911. Mark Dietel Realty has offices in Southside Indianapolis, Greenwood and Bloomington.
Frequently asked questions
What happens if a seller skips the lead disclosure?
Skipping it can expose the seller, and the agents involved, to federal penalties and to claims from the buyer. EPA and HUD enforce the rule. Complete it before the listing goes live.
Can the buyer waive the 10-day lead inspection?
Yes. The buyer can waive the opportunity in writing, and the parties can agree in writing to a longer or shorter period. The pamphlet and disclosure are still required either way.
Does selling an inherited pre-1978 home as-is change the lead rule?
No. Selling as-is does not remove the federal lead disclosure. The estate or heirs disclose what they know, which may be nothing, and share any records they find. Confirm any court-supervised sale with the estate's attorney.
Does the lead disclosure apply to condos in Indianapolis?
Generally yes, if the building was constructed before 1978. The federal rule covers most pre-1978 housing, including condominium units, unless an exemption applies, such as a zero-bedroom unit or a certified finding that the unit is free of lead-based paint. Check the build year on the Marion County property record.
