HB 1222

Bill Subjects

Civil Law And Procedure; Contracts And Legal Documents Civil Law And Procedure; Immunity And Exemption From Liability Civil Law And Procedure; Liabilities, Damages, And Penalties Civil Law And Procedure; Liens And Encumbrances Courts; Generally Criminal Law And Procedure; Offenses Against Property Local Elected Officials; Recorders Property; Housing Property; Real Estate Real Estate Appraisers, Brokers, And Salespersons State Elected Officials; Attorney General Trade Regulations; Consumer Credit And Consumer Protection (Including The Uniform Consumer Credit Code (Uccc))

Abstract

Defines a "residential real estate service agreement" as an agreement: (1) under which a service provider agrees to provide one or more services: (A) in connection with the maintenance, purchase, or sale of residential real estate; and (B) that are not to be performed in their entirety within one year after the agreement is entered into; and (2) that: (A) purports to run with the land or to be binding on future owners; (B) allows for the assignment of the right to provide one or more of the services under the agreement without the consent of the owner of the residential real estate; or (C) purports to create a lien or an encumbrance on, or a security interest in, the residential real estate. Provides that a residential real estate service agreement that is entered into after March 14, 2024, is void and unenforceable. Prohibits a person from recording after March 14, 2024, a residential real estate service agreement in Indiana, regardless of when the residential real estate service agreement is entered into. Provides that a county recorder, or an employee of a county recorder, who records a residential real estate service agreement that is presented to the county recorder's office for recording is not civilly liable under the bill's provisions, regardless of when the recording occurs. Provides that if a residential real estate service agreement (agreement) is recorded in Indiana after March 14, 2024, any person with an interest in the residential real estate that is the subject of the agreement may: (1) apply to a court in the county in which the agreement is recorded for a declaratory judgment declaring the agreement unenforceable; and (2) recover the person's actual damages against any service provider that: (A) is a party to the agreement; and (B) recorded, or caused to be recorded, the agreement. Provides that a service provider that: (1) enters into a residential real estate service agreement with any person; or (2) records, or causes to be recorded, a residential real estate service agreement in Indiana; after March 14, 2024, commits a deceptive act that is subject to the remedies and penalties under the deceptive consumer sales act (act), including an action by the attorney general under the act. Provides that the bill's provisions do not apply to: (1) a residential real estate service agreement entered into before March 15, 2024 (except as otherwise provided in the bill); or (2) certain specified products, contracts, rights, agreements, services, or liens.