The Crossroads of America

    Sell Land By Owner Indiana

    Zero Transfer Tax, Title Company Closings & Tax Flight Advantage

    Leverage Indiana's unbeatable no-transfer-tax advantage, simple title company closings, property tax caps, and surging demand from Illinois tax refugees—from Indianapolis exurbs to southern hill country.

    Indiana Land Markets by Region

    Northern Indiana

    Purdue/Elkhart/South Bend Corridor

    Key Markets: Illinois tax flight, RV industry hub

    Farmland: $10K-$20K/acre (top quality)

    Trend: UP 5-7% (2025)

    Central Indiana

    Indianapolis Metro Area

    Key Markets: Explosive exurban growth

    Development: $20K-$50K/acre near I-465

    Trend: UP 8-12% (2025)

    Western Indiana

    Wabash River Valley

    Key Markets: Tile drainage, moderate prices

    Farmland: $8K-$12K/acre

    Trend: UP 3-5% (2025)

    Southern Indiana

    Karst Hills & Limestone Country

    Key Markets: Sinkholes, scenic beauty, lower prices

    Land: $3K-$8K/acre

    Trend: DOWN -8% to -11% (2025)

    Indiana's #1 Selling Point

    ZERO State Transfer Tax

    Indiana eliminated the state transfer tax in 2002. You pay $0 on every sale—saving thousands vs. neighboring states.

    Transfer Tax Comparison - $500K Land Sale

    Indiana

    $0 state transfer tax

    $0

    Illinois (Downstate)

    $500 state + $500 county

    $1,000

    Illinois (Chicago)

    $500 state + $500 Cook + $5,250 Chicago

    $6,250

    Ohio

    County-dependent

    $1,000-$2,000

    Michigan

    County-dependent

    $1,875-$3,750

    Your Savings vs. Chicago:

    Save $6,250!

    That's money in your pocket at closing—not going to the government.

    Marketing Advantage

    For buyers relocating from Illinois, Ohio, or Michigan, this is a tangible, immediate benefit that reinforces their decision to move to Indiana. Use this in your listings: "Save $5,000+ at closing by buying Indiana land instead of Illinois!"

    County Exceptions

    A few Indiana counties impose local transfer taxes (typically $0-$1 per $1,000). Lake County has the highest at $2 per $1,000 (0.2%), but even this is far lower than Illinois or other neighboring states.

    Title Company Closings

    Simpler & cheaper than Illinois! Indiana closings are handled by title companies—attorneys are optional, not required.

    Indiana: Title Company System

    Title company handles closing - not attorney-required

    Attorney optional - hire only if you want one

    Faster closing - 7-10 days typical

    Lower cost - $500-$1,500 total

    Save $800-$2,000

    vs. mandatory attorney states

    Illinois: Mandatory Attorney System

    Attorney required by law (815 ILCS 205/2)

    Both sides hire attorneys - seller AND buyer

    Slower closing - 14-21 days typical

    Higher cost - $1,600-$4,000 total (both sides)

    $800-$2,000

    Per side attorney fees

    What Does the Title Company Do?

    1

    Conducts Title Search

    Verifies ownership, identifies liens, easements, mineral rights

    2

    Issues Title Commitment

    Lists requirements to clear title for closing

    3

    Coordinates Title Insurance

    Owner's policy protects buyer ($500-$2,000 depending on price)

    4

    Prepares Closing Documents

    Deed, settlement statement (HUD-1 or Closing Disclosure)

    5

    Handles Escrow & Recording

    Holds funds in escrow, records deed with county recorder

    When to Hire an Attorney

    While attorneys aren't required, you can hire one for complex situations: boundary disputes, title defects, severed mineral rights, karst/sinkhole liability concerns, or if you simply prefer legal representation. Costs typically run $800-$1,500 for straightforward land sales.

    Deep Dive Analysis

    The Great Illinois Tax Flight & Indiana's Crossroads Opportunity

    Understanding the demographic shift driving Indiana land demand

    Introduction: The Hoosier Advantage in the Midwest Real Estate War

    Indiana finds itself in an enviable position in 2025. While neighboring Illinois hemorrhages residents fleeing the nation's second-highest property taxes, complex transfer tax systems (up to 1.25% in Chicago), and mandatory attorney closings, Indiana offers a compelling alternative: zero state transfer tax, property tax caps, simple title company closings, and a business-friendly environment that's drawing thousands of families, retirees, and businesses across the border.

    For land sellers, this demographic shift represents a once-in-a-generation opportunity to capitalize on surging demand from tax refugees seeking the Indiana advantage.

    The Illinois Exodus: By the Numbers

    Illinois lost 0.87% of its population between 2020-2023, with the trend accelerating in 2024-2025. Meanwhile, Indiana experienced its largest population gain since 2008 in 2024, adding 44,144 new residents. Where are these new Hoosiers coming from?

    Census data reveals that Lake, Porter, and LaPorte counties (Indiana's Illinois border counties) experienced explosive growth, with land prices in these areas rising 15-25% annually as Chicagoland refugees purchase property across the state line.

    The driver? Money.

    A Chicago homeowner paying $12,000/year in property taxes can move 30 miles south to Crown Point, Indiana and pay $3,000-$4,000 for comparable property—a $8,000/year savings that compounds to $240,000 over 30 years.

    For land buyers, the math is even more dramatic: purchasing 10 acres in Will County, Illinois triggers $10,500 in transfer taxes on a $1M sale (1.05%), while identical land in Newton County, Indiana costs $0 in transfer taxes. That's $10,500 cash savings at closing, plus thousands annually in property tax savings.

    The Transfer Tax Gap: Indiana's Nuclear Weapon

    Indiana's elimination of the state transfer tax in 2002 created a structural competitive advantage that Illinois, Ohio, and Michigan cannot match without legislative reform (politically impossible given their fiscal crises). Let's examine the real-world impact:

    Scenario: $500,000 Land Sale

    Indiana: $0 state + $0-$1,000 county$0-$1,000
    Illinois (Downstate): $500 state + $500 county$1,000
    Illinois (Chicago): $500 + $500 + $5,250$6,250
    Ohio: County-dependent$1,000-$2,000
    Michigan: County-dependent$1,875-$3,750

    For a seller with land near the Indiana-Illinois border (say, within 20 miles of state line), this creates a powerful marketing angle: "Save $5,000+ at closing by buying Indiana instead of Illinois!" For buyers relocating from Chicago, this is a tangible, immediate benefit that reinforces their decision to leave Illinois.

    Property Tax Caps: The Gift That Keeps on Giving

    While the transfer tax advantage is a one-time savings, Indiana's constitutional property tax caps (1% homestead, 2% residential/ag, 3% other) provide annual savings that dwarf the transfer tax differential.

    Illinois has no such caps—Cook County property taxes regularly exceed 3-4% of assessed value, and some Chicago neighborhoods approach 5%. In Indiana, the circuit breaker credit ensures no property owner pays more than their cap percentage, regardless of local government spending.

    Example: Farmland Property Tax Comparison

    Indiana:

    100 acres assessed at $2,390/acre ag base rate = $239,000 assessed value

    2% cap = $4,780/year max

    Illinois:

    100 acres assessed at $8,000/acre market value = $800,000 assessed value

    2.08% effective rate = $16,640/year

    Annual Difference: $11,860 savings

    30-Year Savings: $355,800

    For land buyers planning to hold long-term (farmers, developers, investors), this math is undeniable. Indiana sellers can leverage this in marketing: "Your annual property tax savings will pay for this land in 20-25 years compared to Illinois."

    The Title Company Closing Advantage

    Illinois law requires a licensed real estate attorney handle every closing (815 ILCS 205/2), with typical fees of $800-$2,000 per side (seller and buyer each hire separate attorneys). Indiana has no such requirement—title companies routinely handle closings with attorneys only involved for complex situations.

    This saves sellers $800-$2,000 in closing costs and speeds the process (title companies can close in 7-10 days vs. 14-21 for attorney-coordinated closings).

    For out-of-state buyers unfamiliar with Indiana, this can initially cause confusion ("Don't I need a lawyer?"), but savvy sellers educate buyers that Indiana's title company system is actually simpler, faster, and cheaper while providing equivalent protection through title insurance.

    Border County Battlegrounds: Where Demand is Hottest

    The Illinois tax flight is geographically concentrated in Indiana counties bordering Illinois, creating micro-markets with outsized demand:

    1. Lake County (Gary, Crown Point, Merrillville)

    15 miles from Chicago Loop, excellent I-65/I-80/I-90 access, explosive residential growth, land prices up 20-25% annually

    2. Porter County (Valparaiso, Portage)

    40 miles from Chicago, "affordable Chicago suburb" mentality, land near I-94/US-20 fetching $30K-$60K/acre

    3. LaPorte County (Michigan City, LaPorte)

    50-60 miles from Chicago, last affordable lakefront-adjacent land, strong second-home demand

    4. Newton County (border with Will County, IL)

    Prime farmland, identical soil to Illinois but 50% lower taxes, farmers buying up available acreage

    Sellers with land in these counties should explicitly market to Chicago-area buyers: "Escape Illinois taxes—own Indiana land for half the cost." Use Chicago-area real estate websites, Facebook groups ("Chicago to Indiana movers"), and work with realtors who specialize in Illinois-to-Indiana relocations.

    Beyond Illinois: The Ohio and Michigan Opportunity

    While Illinois tax flight dominates headlines, Indiana also benefits from Ohio and Michigan outmigration. Ohio's property taxes are higher than Indiana's (1.36% effective vs. 0.81%), and Ohio counties impose transfer taxes ($1-$4 per $1,000). Michigan's transfer taxes are even higher ($3.75-$7.50 per $1,000), and property taxes in metro Detroit/Grand Rapids rival Illinois.

    Northern Indiana (Elkhart, South Bend, Fort Wayne) attracts Michigan refugees, while Eastern Indiana (Richmond, Muncie) draws from Ohio. Land sellers in these border regions should broaden marketing to include Ohio/Michigan buyers.

    Agricultural Land: The Double Protection

    Indiana's agricultural land assessment (IC 6-1.1-4-13) taxes farmland at a base rate ($2,390/acre for 2025) rather than market value. When combined with the 2% property tax cap, this creates double protection:

    • Assessment Protection: $14,826/acre market value farmland assessed at only $2,390/acre (83.9% discount)
    • Cap Protection: Even if local tax rate exceeds 2%, circuit breaker credit reduces tax to 2% of assessed value

    Example: 100 Acres Top-Quality Farmland

    Market value: $1,482,600

    Ag assessment: $239,000 (83.9% lower)

    Without cap: $239,000 × 2.5% tax rate = $5,975/year

    With 2% cap: $239,000 × 2% = $4,780/year max

    Compare to Illinois where same 100 acres at $14,826/acre might be assessed at $1.2M and taxed at 2.5-3.5% = $30,000-$42,000/year. The Indiana savings are staggering.

    Land sellers should emphasize this to farmer buyers: "Indiana ag assessment + 2% cap = predictable, affordable property taxes that won't spike like Illinois."

    The Indianapolis Exurban Boom

    While border counties benefit from Illinois tax flight, the Indianapolis metro exurbs are booming from in-state growth and general Midwest influx. Hamilton County (Carmel, Fishers, Noblesville), Hendricks County (Plainfield, Avon), and Boone County (Zionsville, Lebanon) are among the fastest-growing counties in the Midwest, with land near I-465/I-69/I-74 interchanges fetching $40K-$80K/acre for development.

    This is driven by:

    • Indianapolis corporate growth (Eli Lilly, Salesforce, etc.)
    • Remote workers seeking affordable Midwest lifestyle
    • Retirees from Chicago, Detroit, Cleveland choosing Indianapolis
    • Low cost of living (18% below national average)

    Land sellers in the Indy metro "donut" (10-30 miles from downtown) are in prime position to capitalize. Key messaging: "Last affordable metro land in the Midwest" and "Double-digit appreciation while Illinois declines."

    The RV Capital Angle: Elkhart County Industrial Demand

    Elkhart County produces 80% of America's recreational vehicles, creating unique industrial land demand. RV manufacturers (Thor Industries, Forest River, Jayco), suppliers, and logistics companies compete for land near US-20/I-80/I-90 corridor.

    Industrial land in Elkhart/Goshen/Middlebury sells for $20K-$40K/acre (5-10x typical farmland), and manufacturers are expanding to meet post-pandemic RV demand.

    Sellers with land in Elkhart County should market to industrial buyers, not just farmers/residential. Emphasize proximity to existing RV plants, highway access, and utilities.

    Marketing Strategy: Weaponize the Tax Advantage

    Indiana land sellers should make the tax advantage central to every listing:

    1. Listing Title: "100 Acres Prime Farmland - ZERO Indiana Transfer Tax, Save $20K+ vs. Illinois"
    2. Description Opening: "Escape Illinois property taxes! This Indiana land offers identical soil quality with 60% lower annual property taxes and ZERO transfer tax at closing."
    3. Financial Comparison Chart: Create side-by-side comparison of Indiana vs. Illinois costs (transfer tax + 30-year property tax projection)
    4. Target Illinois Buyers: Advertise in Chicago Tribune, Illinois Farm Bureau publications, Illinois real estate websites
    5. Testimonials: If possible, include buyer testimonials: "We moved our farm from Kankakee to Newton County and save $18,000/year in property taxes"

    Challenges and Considerations

    The tax flight boom isn't without complications:

    • Karst Topography: Southern Indiana limestone creates sinkholes (no mandatory disclosure but liability risk)
    • Property Tax Surge: 2024 saw 27% property tax increase (though caps limited impact), causing farmer concerns
    • North-South Divide: Northern Indiana farmland up 5-7%, Southern Indiana down up to -11% in 2025
    • Oil/Gas Rights: Severed mineral rights in parts of Northern Indiana (Trenton-Black River formation)
    • Tile Drainage: Northern/Central Indiana subsurface tile systems failing (1950s-1980s installation)

    Sellers must address these honestly. Karst areas (Monroe, Lawrence, Orange counties) should disclose known sinkholes. Northern tier should inspect/warranty tile drainage condition. Transparency prevents post-closing disputes.

    Conclusion: The Crossroads Moment

    Indiana's position at the crossroads of America is now more than geographic—it's economic. As Illinois, Ohio, and Michigan struggle with fiscal crises, population loss, and tax flight, Indiana offers a low-tax, business-friendly alternative that's attracting thousands of new residents annually.

    For land sellers, this is a generational opportunity: surging demand from tax refugees, zero transfer tax, property tax caps, simple title closings, and skyrocketing prices in border counties and Indy exurbs.

    The Bottom Line:

    The seller who positions their Indiana land as an "Illinois escape" or "Ohio alternative" with concrete tax savings calculations will command premium prices from motivated buyers eager to join the Hoosier migration. This isn't just selling land—it's selling financial freedom from high-tax states.

    Constitutional Property Tax Caps

    Circuit breaker protection ensures you never pay more than the cap—no matter how high local taxes go.

    Indiana Property Tax Caps (IC 6-1.1-20.6)

    1%

    Homestead

    Owner-occupied residence

    2%

    Agricultural Land

    Plus residential (non-homestead)

    3%

    All Other Property

    Commercial, industrial, personal

    How Circuit Breaker Credits Work:

    If your property tax bill exceeds the cap percentage of your gross assessed value, the state provides a "circuit breaker credit" to reduce your tax to the cap amount. You NEVER pay more than the cap, regardless of local government spending.

    Example: $200K Agricultural Land

    Local tax rate = 3% → Bill would be $6,000

    2% cap = $4,000 maximum

    State credits $2,000 → You pay $4,000

    Buyer Appeal: The Indiana Advantage

    Indiana's constitutional caps are a major selling point vs. Illinois (2nd highest property taxes nationally, no caps) and Ohio (no caps). Property taxes in Cook County, IL regularly exceed 3-4% of value. In Indiana, caps ensure predictability and protection from runaway local spending.

    Residential Disclosure Law (Seller-Friendly Exemptions!)

    MAJOR EXEMPTIONS (No Disclosure Required!)

    Unimproved Land

    No residential structures = NO DISCLOSURE REQUIRED

    Agricultural Land

    Sold for continued farming = NO DISCLOSURE REQUIRED

    Transfers Without Consideration

    Gifts, inheritance

    Court-Ordered Sales

    Foreclosures, tax sales

    New Construction First Sale

    Builder's initial sale

    When Disclosure IS Required

    IC 32-21-5 applies to:

    • Land with existing home/cabin/residential structure

    What Must Be Disclosed (if applicable):

    • • Structural defects
    • • Mechanical systems (HVAC, plumbing, electrical)
    • • Water/sewer systems
    • • Environmental hazards
    • • Land use restrictions

    Liability Risk: Fraud Claims Still Possible

    Even without statutory disclosure requirements, sellers can still face fraud claims if they knowingly conceal material defects. Common law fraud principles apply.

    Best Practice:

    Consider voluntary disclosure of known issues (sinkholes, flood history, failed perc test, severed mineral rights) to reduce liability risk. Transparency prevents post-closing disputes and potential lawsuits.

    Southern Indiana Critical Issue

    Karst Topography & Sinkhole Risk

    Southern Indiana's limestone bedrock creates unique challenges—no mandatory disclosure, but serious liability exposure.

    What is Karst?

    Karst topography occurs when limestone bedrock is dissolved by groundwater, creating underground voids, caves, and sinkholes.

    Affected Areas:

    Monroe, Lawrence, Orange, Washington, Harrison, Crawford counties—the "Hoosier Karst" region of Southern Indiana.

    Sinkhole Risk:

    Spontaneous ground collapse. Can swallow cars, buildings, roads. Unpredictable.

    Legal Requirements

    NO Mandatory Disclosure

    Indiana has no statute requiring sinkhole disclosure for land sales

    BUT: Common Law Liability

    Sellers CAN be sued for fraud if knowingly conceal known sinkholes/caves

    Title Insurance Exclusion

    Most policies EXCLUDE sinkhole damage (Acts of God)

    Detection & Impact

    How to Detect Karst:

    • • Geotechnical survey
    • • Ground-penetrating radar
    • • Review USGS karst maps
    • • Visual inspection for depressions, cave openings

    Impact on Value:

    Known karst areas sell 15-30% below comparable non-karst land due to buyer concerns about insurance availability, development restrictions, and liability.

    Best Practice: Voluntary Disclosure

    Even though Indiana law doesn't require it, disclose known sinkholes/caves to buyers. This reduces your fraud liability risk and builds trust. Document everything. Consider "as-is" sale clauses for karst properties, but still disclose known defects.

    Massive Tax Savings for Farmland

    Agricultural Land Assessment

    Indiana farmland is assessed at a base rate ($2,390/acre in 2025), not market value—an 83.9% discount for top-quality land!

    How Indiana Agricultural Assessment Works (IC 6-1.1-4-13)

    2025 Base Rate

    $2,390

    per acre (set by state)

    Typical Market Value (Top Quality)

    $14,826

    per acre (Purdue 2025)

    The Savings:

    83.9%

    Assessment Discount vs. Market Value!

    Example: 100 Acres Top-Quality Farmland

    Market Value:$1,482,600
    Ag Assessment:$239,000 (83.9% lower!)
    Without 2% Cap:$239,000 × 2.5% = $5,975/year
    With 2% Cap:$4,780/year max

    vs. Market Value Assessment:

    $1,482,600 × 2% = $29,652/year

    Save $24,872/year!

    How to Qualify:

    • Land must be "devoted to agricultural use"
    • Crops, livestock, pasture, managed woodland
    • No minimum size (even 1 acre can qualify!)

    Loss of Assessment:

    Converting to residential/commercial development forfeits ag assessment. Property tax spikes dramatically (5-10x increase). Buyers planning development should budget accordingly.

    Marketing to Farmers: The Double Protection

    Indiana ag assessment + 2% property tax cap = predictable, affordable taxes that won't spike like Illinois. This is a HUGE selling point for farmers considering Indiana vs. Illinois farmland purchases. Emphasize the long-term savings in your listings.

    2024-2025 Market Dynamics

    Farmland Price Surge & Property Tax Crisis

    Record farmland prices meet dramatic property tax increases—creating complex buyer dynamics.

    Record Farmland Prices (2025 Purdue Survey)

    Top Quality

    UP 3.0%

    $14,826/acre

    Average

    UP 5.4%

    $12,254/acre

    Poor Quality

    UP 7.6%

    $9,761/acre

    Property Tax Shock

    Ag Base Rate Surge:

    2022: $1,540/acre

    2025: $2,390/acre

    +55% in 3 years!

    2024 Tax Bills:

    +27% increase

    (largest single-year jump in decades)

    2025 Projection:

    +20% expected

    For 2025 tax bills (pay 2026)

    Farmer Backlash & Market Impact

    Circuit Breaker Protection Limits Damage:

    The 2% cap prevents worst-case scenarios, but the 55% base rate surge still drives significant increases. Indiana Farm Bureau is lobbying for base rate reform, with legislative hearings underway.

    Buyer Concerns:

    Some farmers worried about affordability, cash flow squeeze despite high commodity prices. Buyers may delay purchases until base rate stabilizes. Some resistance to premium pricing in certain markets.

    Regional Divide: North vs. South

    Northern/Central Indiana

    UP 5-7%

    Strong demand, Illinois tax flight, Indianapolis growth, RV industry

    Southern Indiana

    DOWN -8% to -11%

    Karst concerns, lower farmland quality, limited growth drivers

    6-16x Price Variation

    Southern Indiana $3K/acre vs. Indianapolis exurbs $50K/acre!

    Racing to Closing

    Step-by-Step Indiana Land Sale Process

    Follow these pit stops around the speedway to a successful closing

    1

    Start Line: Choose Your Closing Path

    Decide if you want title company (standard) or attorney closing (optional). Indiana gives you flexibility!

    2

    Pit Stop 2: Determine Disclosure

    Unimproved land = no disclosure. Improved = disclosure form. Check IC 32-21-5 exemptions.

    3

    Pit Stop 3: Research Property Issues

    Karst/sinkholes? Flood zone? Mineral rights? Tile drainage? Document everything.

    4

    Pit Stop 4: Order Title Search

    Verify ownership, liens, easements, severed mineral rights. Title company handles this.

    5

    Pit Stop 5: Price Your Land

    Based on region (north vs. south), ag assessment, comparable sales, Illinois tax flight demand.

    6

    Pit Stop 6: Market Strategically

    Illinois tax refugees if near border, Indy exurban buyers if Central, farmers if ag land, RV industry if Elkhart.

    7

    Pit Stop 7: Negotiate Offers

    Emphasize ZERO transfer tax advantage. Calculate buyer's savings vs. Illinois/Ohio/Michigan.

    8

    Pit Stop 8: Buyer Due Diligence

    Perc test if needed, karst survey if Southern Indiana, ag assessment verification, tile inspection.

    9

    Pit Stop 9: Prepare Closing

    Title company prepares documents, coordinates title insurance, schedules closing date.

    10

    Finish Line: Closing Day!

    Sign deed, NO transfer tax!, record with county recorder. Celebrate your Hoosier advantage!

    Ready to Sell Your Indiana Land?

    Two paths to success: Master the Indiana FSBO process yourself, or skip the complexity and get a cash offer today.

    DIY: Free Training Course

    Learn every step of the Indiana land sale process with our comprehensive free course. Master zero transfer tax advantages, title company closings, ag assessment, karst disclosure, and Illinois tax flight marketing strategies.

    • 37 detailed video lessons
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    • Marketing templates & scripts
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    Express Lane: Cash Offer

    Skip the entire process and get a fair cash offer within 24 hours. We handle all closing costs, title work, and documentation. Perfect for karst properties, tax-challenged farmland, or sellers who want speed and certainty.

    • Cash offer in 24 hours
    • We pay all closing costs
    • Buy as-is (karst, tile, any condition)
    • Close on your timeline

    Legal Disclaimer: This guide provides general information about selling land by owner in Indiana and should not be construed as legal, tax, or financial advice. Indiana land sale requirements vary by county and property type. While we strive for accuracy, laws change frequently—particularly concerning agricultural land assessment base rates (currently $2,390/acre for 2025 but subject to annual adjustment by Indiana Department of Local Government Finance), property tax caps (IC 6-1.1-20.6 circuit breaker credits), and residential disclosure exemptions (IC 32-21-5). The zero state transfer tax advantage is accurate as of 2025 but some counties impose local transfer taxes (e.g., Lake County $2 per $1,000). Karst topography disclosure, severed mineral rights, tile drainage warranties, and septic system requirements are property-specific and may require professional assessment. Consult with an Indiana-licensed real estate attorney, CPA, or title company before proceeding with any land sale. Past performance and market trends (Illinois tax flight, Indianapolis exurban growth, Northern Indiana appreciation, Southern Indiana depreciation) do not guarantee future results. Property values and buyer demand can fluctuate based on economic conditions, agricultural commodity prices, property tax policy changes, and regional development patterns. We are not attorneys and cannot provide legal advice regarding Indiana property law, fraud liability for non-disclosure, or title defects.