HB 1222 IN

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Became Law

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.

• Craig Haggard Republican · author
• Scott Alexander Republican · sponsor
• Greg Goode Republican · sponsor
• Eric Koch Republican · sponsor

1. Jan 9, 2024 Coauthored by Representatives Torr and Miller D · lower
2. Jan 9, 2024 Authored by Representative Haggard · lower
3. Jan 9, 2024 First reading: referred to Committee on Judiciary · lower
4. Jan 29, 2024 Committee report: amend do pass, adopted · lower
5. Jan 30, 2024 Representative Miller D removed as coauthor · lower
6. Jan 31, 2024 Second reading: ordered engrossed · lower
7. Feb 2, 2024 Referred to the Senate · lower
8. Feb 1, 2024 Senate sponsors: Senators Alexander and Goode · lower
9. Feb 1, 2024 Third reading: passed; Roll Call 124: yeas 94, nays 0 · lower
10. Feb 12, 2024 First reading: referred to Committee on Judiciary · upper
11. Feb 19, 2024 Senator Koch added as third sponsor · upper
12. Feb 22, 2024 Committee report: do pass, adopted · upper
13. Feb 26, 2024 Second reading: ordered engrossed · upper
14. Feb 27, 2024 Third reading: passed; Roll Call 212: yeas 47, nays 1 · upper
15. Feb 28, 2024 Returned to the House without amendments · upper
16. Mar 4, 2024 Signed by the Speaker · lower
17. Mar 5, 2024 Signed by the President Pro Tempore · upper
18. Mar 8, 2024 Signed by the President of the Senate · upper
19. Mar 11, 2024 Signed by the Governor · executive
20. Mar 11, 2024 Public Law 62 · lower

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Enrolled House Bill (H) · PDF
• House Bill (H) · PDF
• House Bill (S) · PDF
• Introduced House Bill (H) · PDF