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HB 1084 IN

Real estate land contracts.

IN · session 2025 · Assembly / House · bill

A state bill is a proposed law in a state legislature — separate from the U.S. Congress. Learn more →

Introduced Jan 8, 2025

Latest action (Jan 27, 2025) Representative Pierce K added as coauthor

Summary

Defines "principal dwelling land contract" (contract) as a land contract for the sale of real property: (1) designed for the occupancy of one to two families; and (2) that is or will be occupied by the buyer as the buyer's principal dwelling. Provides that a buyer who has completed the buyer's obligations under the contract is entitled to the homestead deduction regardless of whether the seller has conveyed title. Provides that the seller under a contract must provide the buyer with certain information concerning any liens that encumber the property 10 days before the contract is executed. Sets forth disclosures that must be included in a contract. Requires all preexisting liens on the property to be satisfied by the seller by the end of the contract term. Provides that a contract must permit a buyer to pay the balance owed and receive the deed at any time. Prohibits prepayment penalties or additional charges for an early payoff. Provides a three day cancellation period for both the buyer and seller. Allows the seller and the buyer to transfer their respective interests in the contract to other parties, subject to certain conditions. Requires the seller to provide the buyer with an annual statement of account. Sets forth certain rights and responsibilities of the parties upon default by either the buyer or the seller. Sets forth acts and omissions constituting violations and establishes remedies for these violations. Provides that a violation of these provisions constitutes an incurable deceptive act that is actionable by the attorney general under the deceptive consumer sales act. Authorizes the attorney general, in consultation with the department of financial institutions, to adopt rules to implement these provisions. Requires that the executed contract or a memorandum of land contract be notarized.

Sponsor (1)

1 coauthor / cosponsor

Action history (3)

  1. Jan 8, 2025 First reading: referred to Committee on Judiciary · lower
  2. Jan 8, 2025 Authored by Representative Moed · lower
  3. Jan 27, 2025 Representative Pierce K added as coauthor · lower
Subjects
AGENCIES; Department of Financial Institutions (DFI)CIVIL LAW AND PROCEDURE; Contracts and Legal DocumentsCOURTS; Probate Court and ProceedingsCOURTS; Trial CourtsPROPERTY; Real EstateSTATE ELECTED OFFICIALS; Attorney General

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