Sec. 5. (a) A resident of another state who meets the requirements of this chapter may be licensed.

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Terms Used In Indiana Code 25-34.1-3-5

  • Broker: means a person who:

    Indiana Code 25-34.1-1-2

  • Commission: means the Indiana real estate commission. See Indiana Code 25-34.1-1-2
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Licensee: means a person who holds a license issued under this article. See Indiana Code 25-34.1-1-2
  • Service of process: The service of writs or summonses to the appropriate party.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
     (b) A nonresident broker shall file with the commission a written consent that any action arising out of the conduct of the licensee‘s business in Indiana may be commenced in any county of this state in which the cause of action accrues. The consent shall provide that service of process may be made upon the commission, as agent for the nonresident licensee, and that service in accordance with the Indiana Rules of Trial Procedure subjects the licensee to the jurisdiction of the courts in that county.

     (c) The requirements of subsections (a) and (b) may be waived for individuals who reside in or are moving from other jurisdictions if the following requirements are met:

(1) The jurisdiction grants the same privilege to the licensees of this state.

(2) The individual is licensed in that jurisdiction.

(3) The licensing requirements of that jurisdiction are substantially similar to the requirements of this chapter.

(4) The applicant states that the applicant has studied, is familiar with, and will abide by the statutes and rules of this state.

However, subdivision (1) need not be met in order for the requirements of subsections (a) and (b) to be waived in the case of an individual moving to Indiana from another jurisdiction.

As added by Acts 1979, P.L.248, SEC.1. Amended by P.L.255-1987, SEC.4; P.L.64-2004, SEC.19; P.L.127-2012, SEC.14; P.L.116-2015, SEC.3.

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