Indiana § 32-21-15-4 - Immunity

§ 32-21-15-4. Immunity

Sec. 4. A person who in good faith:

(1) prepares or causes to be prepared; or

(2) records or causes to be recorded;

a statement or notice under section 2 of this chapter is immune from liability for incorrectly stating that the restrictive covenant is discriminatory.

As added by P.L.20-2021, SEC.1.

IC 32-21-16.5Chapter 16.5. Solicitation of Real Estate Sale or Purchase by an Unlicensed Real Estate Solicitor

32-21-16.5-1Applicability 32-21-16.5-2"Solicitation" 32-21-16.5-3"Unlicensed real estate solicitor" 32-21-16.5-4Solicitation for sale or purchase of residential, single-family home; required disclosure 32-21-16.5-5Change in information provided in disclosure; duty to inform homeowner 32-21-16.5-6Homeowner's right to rescind agreement; no liability for nullification; violation a deceptive act

IC 32-21-16.5-1Applicability Sec. 1. This chapter applies only to an agreement entered into or renewed after June 30, 2024.

As added by P.L.47-2024, SEC.3.

IC 32-21-16.5-2"Solicitation" Sec. 2. As used in this chapter, "solicitation" includes all methods of print, electronic, or broadcast solicitation, including:

(1) televised advertisement;

(2) radio broadcast;

(3) newspaper or magazine advertisement;

(4) billboard;

(5) post card or other mailer;

(6) yard sign;

(7) website;

(8) electronic mail, text message, or other means of electronic communication;

(9) telephone call;

(10) social media; and

(11) any other print or electronic method.

As added by P.L.47-2024, SEC.3.

IC 32-21-16.5-3"Unlicensed real estate solicitor" Sec. 3. As used in this chapter, "unlicensed real estate solicitor" refers to a person that does not have a valid real estate license under IC 25-34.1-3. The term does not include a:

(1) home builder;

(2) nonprofit organization exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code;

(3) governmental entity;

(4) person described under IC 25-34.1-3-2(b); or

(5) person that:

(A) inquires whether a home is available for purchase without presenting or entering into any agreement with the person that owns the home; or

(B) offers to purchase a home, or purchases a home, with the intent to:

(i) take title to the home and record the deed to the property; and

(ii) use the home as a personal residence or as an investment.

As added by P.L.47-2024, SEC.3.

IC 32-21-16.5-4Solicitation for sale or purchase of residential, single-family home; required disclosure Sec. 4. (a) An unlicensed real estate solicitor may not solicit the sale or purchase of a residential, single-family home unless the solicitation includes the following disclosure:

"This solicitation is not from a licensed real estate professional.".

(b) The disclosure required under subsection (a) must meet the following requirements:

(1) The disclosure must be included in all solicitations made by or on behalf of an unlicensed real estate solicitor for the purpose of soliciting the sale or purchase of a residential, single-family home.

(2) If the solicitation is in writing, the disclosure must be legible and in plain sight.

(3) If the solicitation is made aurally, the disclosure must be made clearly and audibly, relative to the clarity and audibility of the audio of the solicitation.

(4) The disclosure must include the legal name of the unlicensed real estate solicitor and the legal name of the person that is expected to purchase the residential, single-family home if the expected purchaser is not the unlicensed real estate solicitor.

As added by P.L.47-2024, SEC.3.

IC 32-21-16.5-5Change in information provided in disclosure; duty to inform homeowner Sec. 5. Before an unlicensed real estate solicitor enters into a written agreement with a homeowner, the unlicensed real estate solicitor shall inform the homeowner as to whether any information provided in the disclosure required under section 4 of this chapter has changed.

As added by P.L.47-2024, SEC.3.

IC 32-21-16.5-6Homeowner's right to rescind agreement; no liability for nullification; violation a deceptive act Sec. 6. (a) Within two (2) days of entering into an agreement with an unlicensed real estate solicitor, a homeowner may nullify the agreement by delivering a written rescission to the unlicensed real estate solicitor or the unlicensed real estate solicitor's agent, if the disclosure does not satisfy the requirements of section 4 of this chapter.

(b) A homeowner is not liable for nullifying an agreement under this section.

(c) In addition to any other legal or administrative remedies available to an owner, a violation of this chapter is a deceptive act that may be enforced by the attorney general under IC 24-5-0.5-11.

As added by P.L.47-2024, SEC.3.

IC 32-22ARTICLE 22. CONVEYANCE LIMITATIONS OF REAL PROPERTY

Ch. 1.Limitations on Persons Who May Convey Real Property Ch. 2.Rights of Aliens to Hold and Convey Real Property Ch. 3.Repealed Ch. 3.5.Prohibition on Ownership of Land by Certain Foreign Owned Companies and Foreign Individuals Ch. 4.Expired

IC 32-22-1Chapter 1. Limitations on Persons Who May Convey Real Property

32-22-1-1Mentally incompetent persons and minors 32-22-1-2False representation; good faith purchaser 32-22-1-3Application of law 32-22-1-4Rights of infant; consent of judge 32-22-1-5Certification by judge