Residential real estate service agreements.
Summary
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.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2024
Committee Review
Feb 2024
House Passage
Mar 2024
Senate Passage
Mar 2024
Signed into Law
Mar 2024
Introduced Jan 9, 2024
Signed Mar 11, 2024
Floor votes · Senate Feb 27, 2024 · House Feb 1, 2024
How they voted
46–1
Passed · 1 other
Total votes 48
Feb 27, 2024
D
Democratic9
77% Yea
R
Republican39
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
20
Key actions
8
Committee
2
Mar 11, 2024
Signed into law
Signed by the Governor
executive
Mar 8, 2024
Upper · Passed
Signed by the President of the Senate
upper
Mar 5, 2024
Upper · Passed
Signed by the President Pro Tempore
upper
Mar 4, 2024
Lower · Passed
Signed by the Speaker
lower
Feb 27, 2024
Upper · Passed
Third reading: passed; Roll Call 212: yeas 47, nays 1
upper
Feb 22, 2024
Upper · Passed
Committee report: do pass, adopted
upper
Feb 1, 2024
Lower · Passed
Third reading: passed; Roll Call 124: yeas 94, nays 0
lower
Jan 29, 2024
Lower · Passed
Committee report: amend do pass, adopted
lower
4 primary · 1 co-sponsor
Sponsors
Role
Legislator
Party
State
District
P
Craig Haggard
RRepublican
P
Eric Koch
RRepublican
P
Greg Goode
RRepublican
P
Scott Alexander
RRepublican
Co
Jerry Torr
RRepublican
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