in-20251126-IR-876250627ARA: (317) 489-3444

60 Day Requirement (IC 4-22-2-19) LSA Document #25-627 On behalf of the Indiana Real Estate Commission (commission), this notice is submitted in compliance with IC 4-22-2-19 that requires an agency to begin the rulemaking process not later than 60 days after the effective date of the statute that authorizes the rule. The commission was unable to begin the rulemaking process within 60 days of amendments to IC 32-21-5-7 that became effective on July 1, 2025 due to high work volumes and staffing turnover. Pursuant to IC 32-21-5-7, as amended by P.L. 186-2025, the commission is tasked with the creation and promulgation of a “specific disclosure form.” Updates were required to the then current seller’s residential real estate sales disclosure form. The updated form, State Form 46234 (R8 / 7-25), protects Indiana home buyers by requiring sellers to disclose the condition and potential defects of their property. The form also protects Indiana home sellers from liability for failure to disclose known defects. The form as updated is accessible electronically on the Indiana archives and records administration’s state forms online catalog at https://www.in.gov/iara/services-for-public/state-forms-online-catalog/state-forms-online-catalog-all-agencies-all-formats/. The rule and accompanying form went through numerous iterations. While developing the rule, the commission took the opportunity to repeal 876 IAC 9-1-2, the rule that included the word-by-word content of the form. The form is now incorporated by reference in 876 IAC 9-1-1. In addition, the commission: (1) incorporated the recent statutory changes into the form; (2) updated the form to better reflect today’s real estate transactions and various types of technical equipment now found in many homes; and, (3) added signature lines on each page to make the form more secure should pages get separated. Ultimately, the rule obtained unanimous approval by the commission on August 13, 2025 and the rulemaking received approval to proceed from the Office of Management and Budget and the State Budget Agency on October 14, 2025. The commission submitted the proposed rule pursuant to its rulemaking authority found in IC 25-34.1-2-5(2) and initiated the rulemaking process by publishing its Notice of First Public Comment Period in the Indiana Register on November 12, 2025 (DIN: 20251112-IR-876250627FNA). Barbara A. Killian Associate General Counsel Indiana Professional Licensing Agency (317) 489-3444 bkillian@pla.in.gov