Legal Question in Real Estate Law in Indiana

Re: disclosure of fixed problem?

Your statement, " . . . I'm afraid that even listing it in the disclosure would make prospective buyers back away," leads the way to what you already know you must do: disclose the foundation repairs. Otherwise, regardless of the technicalities of the real estate disclosure laws -- which also require this disclosure -- you would be omitting to state a fact which a reasonable buyer, like yourself, would want to know. You would be liable under common law fraud. (Sometimes the Golden Rule is enforced at law.) So do the right thing, which is also the legally required thing, and make the full disclosure. You can ameliorate the negative effect by stating, if true, how to the best of your knowledge the problem has been solved. There are self-interested reasons for making full disclosure: it will help induce trust from your buyers; it will innoculate you against unknown future problems concerning the foundation being attributed to you. (If there were to be future problems with the foundation, then the buyer will surely discover that you had repairs done, and having failed to make the disclosure, you would never convince anyone that you didn't know about the new problems.) So, do what must be done with a cheerful heart. And good luck.