Indiana § 25-34.1-10-9.5 Agency relationship; performance of duties

Indiana Statutes

§ 25-34.1-10-9.5 — Agency relationship; performance of duties

Indiana § 25-34.1-10-9.5

Title 25PROFESSIONS AND OCCUPATIONS

Art. 34.1REAL ESTATE BROKERS AND

Ch. 10Real Estate Agency Relationships

This text of Indiana § 25-34.1-10-9.5 (Agency relationship; performance of duties) 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 § 25-34.1-10-9.5 (2026).

Text

5.

(a)A licensee has an agency relationship with, and is representing, the individual with whom the licensee is working unless:

(1)there is a written agreement to the contrary; or

(2)the licensee is merely assisting the individual as a customer without compensation.

(b)If a licensee, under subsection (a)(1), does not have an agency relationship with the individual with whom the licensee is working due to the existence of a written agreement to the contrary, the licensee must perform at least the following duties under the written agreement:

(1)Be available to receive and timely present offers and counteroffers for the purchase or lease of:

(A)the property of the individual, if the individual is a seller or landlord; or

(B)the property that the individual seeks to purchase or lease,

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5. (a) A licensee has an agency
relationship with, and is representing, the individual with whom the
licensee is working unless:
(1) there is a written agreement to the contrary; or
(2) the licensee is merely assisting the individual as a customer
without compensation.
(b) If a licensee, under subsection (a)(1), does not have an agency
relationship with the individual with whom the licensee is working due
to the existence of a written agreement to the contrary, the licensee
must perform at least the following duties under the written agreement:
(1) Be available to receive and timely present offers and
counteroffers for the purchase or lease of:
(A) the property of the individual, if the individual is a seller or
landlord; or
(B) the property that the individual seeks to purchase or lease,
if the individual is a buyer or tenant.
(2) Assist in negotiating, completing real estate forms,
communicating, and timely presenting offers, counteroffers,
notices, and various addenda relating to the offers and
counteroffers until:
(A) a purchase agreement or lease is signed; and
(B) all contingencies are satisfied or waived.
(3) Timely respond to questions relating to offers, counter offers,
notices, various addenda, and contingencies from the seller,
landlord, buyer, or tenant pertaining to the subject property.
(c) If:
(1) a licensee described in subsection (b) fails to perform the
duties set forth in subsection (b); and
(2) another licensee performs those duties on behalf of or at the
request of a seller, landlord, buyer, or tenant;
the performance of those duties by the other licensee referred to in
subdivision (2) does not constitute an agency relationship.
(d) This section does not prohibit a licensee from performing duties
in addition to the duties specified in this section on behalf of or at the
request of a seller, landlord, buyer, or tenant in a real estate transaction.