Learning center · Disclosures

The paperwork for selling your home in Kentucky & Indiana

There is no single universal “FSBO packet.” The documents your sale needs depend on the state, the county, the property type, its age, who is on title, whether there’s an association, and what you know about the home. Here’s the plain-English map for Kentuckiana.

This is educational, not legal advice. Form editions and county rules change. Have a Kentucky or Indiana title company or real-estate attorney confirm the exact documents for your sale, and always pull the current form from the official source below.

Kentucky vs. Indiana at a glance

The state differences that matter most

Issue	Kentucky	Indiana
Seller condition disclosure	KREC Form 402 is the official seller-condition form. Its statutory duty is tied to a licensee being involved; OwnerRoute treats it as the sensible default for transparency.	State Form 46234 is generally required for a sale of 1–4 residential units, unless an exemption applies — and it must be given to the buyer before you accept an offer.
If a condition changes	Update a changed answer in writing before closing.	Disclose a material change at or before settlement, or certify the property is substantially the same.
Property-tax transfer form	Handled through the deed/consideration statement and the county clerk's recording and transfer-tax process.	A separate State Form 46021 (Sales Disclosure Form) goes to the county assessor — do not confuse it with Form 46234.
Condominiums	A covered condo sale needs the statutory condominium documents / seller certificate before contract or conveyance.	Route to the condo/HOA governing documents and resale requirements; your title company or attorney confirms what applies.

Step 1

Before you can accept an offer

A few documents should be ready — and in some cases delivered to the buyer — before an offer is accepted. Getting these in order early keeps the sale enforceable and avoids a scramble later.

Your state's seller condition disclosure

This is the form where you describe what you know about the home — roof, water, sewer/septic, structure, systems, environmental issues. It is a disclosure of what you know, not a warranty. In Indiana, State Form 46234 generally has to reach the buyer before you accept an offer. In Kentucky, KREC Form 402 is the official form and OwnerRoute uses it as the default. Answer honestly, and update an answer in writing if something changes before closing.

Federal lead-based-paint disclosure (homes built before 1978)

For most housing built before 1978, federal law requires a lead-based-paint disclosure with the Lead Warning Statement, copies of any known lead records, and the buyer's acknowledgment that they received the EPA “Protect Your Family From Lead in Your Home” pamphlet. The buyer generally gets a 10-day window to test unless both sides agree in writing to something else. This applies in both Kentucky and Indiana.

Condominium resale documents (if it's a condo)

A Kentucky condominium sale is time-sensitive: the seller must furnish the statutory association documents and certificate before contract or conveyance, and the buyer's cancellation clock runs from delivery. Start the request with your association manager early. Indiana condo and HOA sales route to the community's governing documents and resale rules — your title company or attorney validates what's required.

Contamination disclosure (if applicable)

Both states treat methamphetamine contamination as a specific, serious disclosure issue. If this could apply to your property, stop and talk to an attorney and the health authorities before listing — this is not something to handle with a checkbox, and sensitive details never belong in a public listing.

Step 2

The offer package

These are not state-issued forms — they should be an attorney-approved Kentucky or Indiana version. A sale shouldn’t proceed without the ones that apply.

Residential purchase agreement. Settles the parties and title holders, the legal description (never just a street address), price, earnest money and who holds it, financing and appraisal terms, inspection and repair deadlines, title and cure process, closing and possession, prorations, fixtures, disclosures, and termination rights.
Counteroffers, addenda, and amendments. Every change to price, dates, contingencies, or repairs, dated and signed.
Contingency and repair addenda. Financing, appraisal, inspection response, septic/well, survey, or sale-of-buyer’s-home terms, as they apply.
Earnest-money receipt and escrow instructions. Amount, who holds it, the deposit deadline, and how it’s released. Funds go to your chosen title/escrow professional — not to a marketplace.
Termination, release, extension, or rent-back agreements. Clear written resolutions when the deal ends, dates move, or someone stays after closing.

If your home is on the MLS through OwnerRoute’s licensed broker partner, any buyer’s-agent compensation is negotiable, handled privately, and is not posted on the MLS.

Step 3

Title, deed & closing

You’ll need these records, but they’re normally prepared or validated by your title company or closing attorney — not generated from a template.

Title search, commitment, and owner’s policy — identifies liens, easements, and insurable title.
The deed. In Kentucky it’s recorded with the county clerk and must state the immediate source of title; transfer tax is generally $0.50 per $500 of value. In Indiana it’s notarized and commonly routed through the county auditor/assessor before the recorder — and Indiana adds the separate Form 46021 sales-disclosure step.
Payoffs and lien releases for any mortgage, judgment, or HOA lien.
Owner’s and title affidavits and the closing / settlement statement — title-company forms.
Federal closing items: a FIRPTA foreign-person screen, Form 1099-S reporting by the settlement agent, and — only in a financed purchase — the lender’s Closing Disclosure. Verify wire instructions by calling the title company’s known number; never trust wire details sent by email.

Situations that add documents

Does one of these apply to you?

Condo / HOA / planned communityDeclaration, bylaws, current dues, special assessments, insurance summary, financials, resale certificate, transfer fees.

Well, septic, flood, tanks, solar lease, easementsThe relevant inspection, permit, service, payoff, assignment, or disclosure records.

Trust, estate, divorce, LLC, power of attorney, multiple or deceased ownersProof of authority to sign — trustee/representative papers, court orders, POA review, marital/tenancy verification.

Existing mortgage, judgment, tax or mechanic's lien, bankruptcy, probate, foreclosurePayoff and release, any court approval, and title-curative documents.

Tenant-occupiedLease, deposit accounting, notices, and the possession arrangement — plus a fair-housing review.

How OwnerRoute helps

A router and a workspace — not a legal department

What we do

Point you to the right, current government forms for your property and county.
Keep a tidy, timestamped record of the disclosures and documents you’ve gathered.
Hand a finished package to the title company or closing attorney you choose.

What we don’t do

Give individualized legal advice or decide your deed type.
Hold earnest money or handle wire instructions.
Ask for Social Security numbers, banking credentials, or passports.

Official sources

Pull every form from the source

Editions change — always download the current version directly from the state or federal site before you use it.

Start where you have control

Get your home organized in a private draft.

Add your address, facts, and photos to a private OwnerRoute draft, then bring in the disclosures above when you’re ready. Nothing publishes until you say so.

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