Indiana § 32-28-12.5-7 Sale of commercial real estate; notice of closing; preservation of right
to file lien; owner's certification at closing

Indiana Statutes

§ 32-28-12.5-7 — Sale of commercial real estate; notice of closing; preservation of right to file lien; owner's certification at closing

Indiana § 32-28-12.5-7

Title 32PROPERTY

Art. 28LIENS ON REAL PROPERTY

Ch. 12.5Commercial Real Estate Broker Liens

This text of Indiana § 32-28-12.5-7 (Sale of commercial real estate; notice of closing; preservation of right to file lien; owner's certification at closing) 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 § 32-28-12.5-7 (2026).

Text

(a)This section does not apply:

(1)to fees or commissions that arise from a lease, including fees or commissions for a sale of the property, lease expansions, or lease renewals;

(2)if a broker company's fees or commissions have been paid in full; or

(3)if a broker company waives the notice requirements of this section in writing.

(b)Not later than ten (10) days before the planned closing of a transaction involving the sale of commercial real estate, the owner shall notify the following persons of the date of the closing, the time of the closing, the address of the closing, and of the name of the closing agent, title company, or title insurance agent:

(1)One (1) or more broker companies to whom the owner owes fees or commissions.

(2)The closing agent, title company, or title insuranc

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(a) This section does not apply:
(1) to fees or commissions that arise from a lease, including fees
or commissions for a sale of the property, lease expansions, or
lease renewals;
(2) if a broker company's fees or commissions have been paid in
full; or
(3) if a broker company waives the notice requirements of this
section in writing.
(b) Not later than ten (10) days before the planned closing of a
transaction involving the sale of commercial real estate, the owner shall
notify the following persons of the date of the closing, the time of the
closing, the address of the closing, and of the name of the closing
agent, title company, or title insurance agent:
(1) One (1) or more broker companies to whom the owner owes
fees or commissions.
(2) The closing agent, title company, or title insurance agent
involved in the transaction.
Notice under this subsection shall be sent by registered or certified
mail, return receipt requested, or by another means of service
authorized by the Indiana trial rules that provides proof that the
addressee has received the notice.
(c) To exercise its rights under this chapter to file a lien after receipt
of the notice under subsection (b), the broker company must notify the
closing agent, title company, or title insurance agent at the address in
the notice of the amount of the fees or commissions owed before the
time of the closing stated in the notice.
(d) If the broker company does not attend the closing of a
transaction involving the sale of commercial real estate, the owner shall
certify in writing at the closing, under the penalties of perjury:
(1) that:
(A) the owner has notified the broker company in accordance
with subsection (b); and
(B) the broker company received the notice; or
(2) that the broker company has been paid in full.