Sec. 4. (a) The mere transporting, transmitting, or delivering of a document related to a real estate transaction does not impose any liability for the content of the document or any statement within the document.

     (b) A licensee is not liable for a report or statement made by a person who has made a report concerning the real estate, including inspection reports and surveys, unless:

(1) the report or statement was made by a person employed by either the licensee or a broker with whom the licensee is associated;

(2) the report or statement was made by a person selected and hired by the licensee; however, ordering a report from a person does not constitute selecting or hiring a person; or

(3) the licensee knew before closing occurred that the report or statement was false or the licensee acted in reckless disregard as to whether the report or statement was true or false.

     (c) A licensee is not liable for the information contained in a seller’s real estate disclosure form prepared under IC 32-21-5, unless:

(1) the licensee signed the disclosure form; or

(2) the licensee knew before closing occurred that the information was false or the licensee acted in reckless disregard as to whether the information was true or false.

     (d) A licensee is not liable for the information that was obtained from:

(1) the licensee’s client;

(2) a governmental entity;

(3) a person who obtained the information from a governmental entity; or

(4) a person who is licensed, certified, or registered to provide professional services on which the licensee relies;

unless the licensee knew before closing occurred that the information was false or the licensee acted in reckless disregard as to whether the information was true or false.

As added by P.L.116-2015, SEC.16.