Sec. 9. (a) If a residential real estate service 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 residential real estate service agreement may:

(1) in accordance with IC 34-14-1, apply to a court of competent jurisdiction in the county in which the residential real estate service agreement is recorded for a judgment declaring the residential real estate service agreement unenforceable; and

contract signature

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Terms Used In Indiana Code 32-28-15-9

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • 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.
  • 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

  • service provider: means a person that provides services or products to a consumer. See Indiana Code 32-28-15-6
(2) recover the person’s actual damages, as the court determines to have been proven, against any service provider that:

(A) is a party to the residential real estate service agreement; and

(B) recorded, or caused to be recorded, the residential real estate service agreement;

regardless of when the residential real estate service agreement was entered into.

     (b) If a person with an interest in the residential real estate that is the subject of a residential real estate service agreement obtains under subsection (a) a court order declaring the residential real estate service agreement to be unenforceable, the person shall record the court’s order with the county recorder, who shall cross-reference the order to the residential real estate service agreement originally recorded.

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

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