Sec. 6. An owner or agent is not liable for the refusal to disclose to a transferee:

(1) that a dwelling or real estate is a psychologically affected property; or

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Terms Used In Indiana Code 32-21-6-6

  • agent: means a real estate agent or other person acting on behalf of the owner or transferee of real estate or acting as a limited agent. See Indiana Code 32-21-6-1
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • psychologically affected property: includes real estate or a dwelling that is for sale, rent, or lease and to which one (1) or more of the following facts or a reasonable suspicion of facts apply:

    Indiana Code 32-21-6-3

  • transferee: means a purchaser, tenant, lessee, prospective purchaser, prospective tenant, or prospective lessee of the real estate or dwelling. See Indiana Code 32-21-6-4
(2) details concerning the psychologically affected nature of the dwelling or real estate.

However, an owner or agent may not intentionally misrepresent a fact concerning a psychologically affected property in response to a direct inquiry from a transferee.

[Pre-2002 Recodification Citation: 24-4.6-2.1-5.]

As added by P.L.2-2002, SEC.6.