Indiana § 25-34.1-10-10 Licensee representing seller or landlord; duties; disclosure of
information

Indiana Statutes

§ 25-34.1-10-10 — Licensee representing seller or landlord; duties; disclosure of information

Indiana § 25-34.1-10-10

Title 25PROFESSIONS AND OCCUPATIONS

Art. 34.1REAL ESTATE BROKERS AND

Ch. 10Real Estate Agency Relationships

This text of Indiana § 25-34.1-10-10 (Licensee representing seller or landlord; duties; disclosure of information) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 25-34.1-10-10 (2026).

Text

(a)A licensee representing a seller or landlord has the following duties and obligations:

(1)To fulfill the terms of the agency relationship made with the seller or landlord.

(2)To disclose the nature of the agency relationship with the seller or landlord, and redefine and disclose if the relationship changes.

(3)To promote the interests of the seller or landlord by:

(A)seeking a price or lease rate and contract terms satisfactory to the seller or landlord; however, the licensee is not obligated to seek additional offers to purchase or lease after an offer to purchase or lease has been accepted by the seller or landlord, unless otherwise agreed between the parties;

(B)presenting all offers to purchase or lease to and from the seller or landlord immediately upon receipt of the offers

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(a) A licensee representing a seller or
landlord has the following duties and obligations:
(1) To fulfill the terms of the agency relationship made with the
seller or landlord.
(2) To disclose the nature of the agency relationship with the
seller or landlord, and redefine and disclose if the relationship
changes.
(3) To promote the interests of the seller or landlord by:
(A) seeking a price or lease rate and contract terms satisfactory
to the seller or landlord; however, the licensee is not obligated
to seek additional offers to purchase or lease after an offer to
purchase or lease has been accepted by the seller or landlord,
unless otherwise agreed between the parties;
(B) presenting all offers to purchase or lease to and from the
seller or landlord immediately upon receipt of the offers
regardless of whether an offer to purchase or lease has been
accepted, unless otherwise directed by the seller or landlord;
(C) disclosing to the seller or landlord adverse material facts or
risks actually known by the licensee concerning the real estate
transaction;
(D) advising the seller or landlord to obtain expert advice
concerning material matters that are beyond the licensee's
expertise;
(E) timely accounting for all money and property received from
the seller or landlord;
(F) exercising reasonable care and skill; and
(G) complying with the requirements of this chapter and all
applicable federal, state, and local laws, rules, and regulations,
including fair housing and civil rights statutes, rules, and
regulations.
(b) A licensee representing a seller or landlord may not disclose the
following without the informed written consent of the seller or
landlord:
(1) That a seller or landlord will accept less than the listed price
or lease rate for the property or other contract concessions.
(2) What motivates the seller to sell or landlord to lease the
property.
(3) Any material or confidential information about the seller or
landlord unless the disclosure is required by law or where failure
to disclose would constitute fraud or dishonest dealing.
(c) A licensee representing a seller or landlord owes no duties or
obligations to the buyer or tenant except that a licensee shall treat all
prospective buyers or tenants honestly and shall not knowingly give
them false information.
(d) A licensee shall disclose to a prospective buyer or tenant adverse
material facts or risks actually known by the licensee concerning the
physical condition of the property and facts required by statute or
regulation to be disclosed and that could not be discovered by a
reasonable and timely inspection of the property by the buyer or tenant.
A licensee representing a seller or landlord owes no duty to conduct an
independent inspection of the property for the buyer or tenant or to
verify the accuracy of any statement, written or oral, made by the seller,
the landlord, or an independent inspector. This subsection does not
limit the obligation of a prospective buyer or tenant to obtain an
independent inspection of the physical condition of the property. A
cause of action does not arise against a licensee for disclosing
information in compliance with this section.
(e) A licensee representing a seller or landlord may:
(1) show alternative properties not owned by the seller or landlord
to a prospective buyer or tenant and may list competing properties
for sale or lease without breaching any duty or obligation to the
seller or landlord; and
(2) provide to a buyer or tenant services in the ordinary course of
a real estate transaction and any similar services that do not
violate the terms of the agency relationship made with the seller
or landlord.