§ 32-28-15-1 — Applicability

Indiana § 32-28-15-1

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 28: LIENS ON REAL PROPERTY
• Ch. 15: Prohibition Against Residential Real Estate Service

Text

(a) Except as otherwise provided in this
chapter, this chapter does not apply to a residential real estate service
agreement entered into before March 15, 2024.
(b) This chapter does not apply to any of the following:
(1) A home warranty or similar product that covers the cost of
maintenance of a major home system, such as:
(A) a plumbing system;
(B) a heating, cooling, and ventilation system; or
(C) electrical wiring;
for a fixed period.
(2) An insurance contract.
(3) An option to purchase residential real estate or a right of
refusal to purchase residential real estate.
(4) A declaration that is created in the formation of:
(A) an association of co-owners (as defined in IC 32-25-2-2) for
a condominium (as defined in IC 32-25-2-7); or
(B) a homeowners association (as defined in IC 32-25.5-2-4);
including any amendment to the declaration.
(5) A maintenance or repair agreement entered into by:
(A) an association of co-owners (as defined in IC 32-25-2-2) for
a condominium (as defined in IC 32-25-2-7); or
(B) a homeowners association (as defined in IC 32-25.5-2-4).
(6) A mortgage loan or a commitment to make or receive a
mortgage loan.
(7) A security agreement under IC 26-1 concerning the sale or
rental of personal property or fixtures.
(8) Providers of:
(A) utility services, including water, sewer, gas, or electric
service; or
(B) communications service (as defined in IC 8-1-32.5-3).
(9) A land contract (as defined in IC 24-9-2-9.5).
(10) An attorney's lien authorized by IC 33-43-4.
(11) A statutory lien authorized by this article, including:
(A) the lien of a broker company (as defined in IC 32-28-12.5-0.5) upon commercial real estate under IC 32-28-12.5-5; or
(B) a mechanic's or materialman's lien under IC 32-28-3.

Legislative History

As added by P.L.62-2024, SEC.1.