Sec. 8. (a) After March 14, 2024, a person shall not record, or cause to be recorded, a residential real estate service agreement in Indiana, regardless of when the residential real estate service agreement was entered into.

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Terms Used In Indiana Code 32-28-15-8

  • Lien: A claim against real or personal property in satisfaction of a debt.
  • person: means :

    Indiana Code 32-28-15-2

  • record: means to record a record (as defined in Indiana Code 32-28-15-3
  • residential real estate: means real property:

    Indiana Code 32-28-15-4

  • residential real estate service agreement: means an agreement:

    Indiana Code 32-28-15-5

     (b) 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 liable to:

(1) any party to the residential real estate service agreement; or

(2) any other person;

regardless of when the recording occurs.

     (c) If a residential real estate service agreement is recorded in Indiana after March 14, 2024, the recording does not:

(1) create or serve as:

(A) a lien or an encumbrance on; or

(B) a security interest in;

the residential real estate that is the subject of the residential real estate service agreement; or

(2) constitute actual or constructive notice to:

(A) an otherwise bona fide purchaser of the residential real estate that is the subject of the residential real estate service agreement; or

(B) any lender that makes a loan to any person in connection with the residential real estate that is the subject of the residential real estate service agreement;

of a lien or an encumbrance on, or a security interest in, the residential real estate that is the subject of the residential real estate service agreement.

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