Title 32, PROPERTY

Sec. 8. (a) This section applies if a complaint is filed under section 7 of this chapter and the plaintiff recovers: (1) a judgment in any sum; or (2) a judgment: (A) declaring that an aircraft is abandoned or derelict; and (B) authorizing the disposal of the aircraft by means of…

Sec. 1. This chapter applies to a mortgage foreclosure action filed under IC 32-30-10-3. As added by P.L.102-2012, SEC.4. Amended by P.L.203-2013, SEC.19; P.L.66-2014, SEC.20; P.L.247-2015, SEC.29.

Sec. 3. (a) At any time during a mortgage foreclosure action, the creditor may petition the court for a determination that the mortgaged property is abandoned. A petition filed with the court under this section must: (1) allege that the mortgaged property is abandoned; and (2) in…

Sec. 4. (a) Upon receiving a request for a determination of abandonment from a creditor through a petition or motion filed with the court and served on the required parties in accordance with section 3 of this chapter, the court shall issue an order to show cause as to why the pr…

Sec. 5. (a) Subject to subsection (b), for purposes of an abandonment determination under this chapter, one (1) or more of the following constitute prima facie evidence that property is abandoned: (1) The enforcement authority that has jurisdiction in the location of the property…

Sec. 0.5. As used in this chapter, "broker company" has the meaning set forth in IC 25-34.1-1-2. As added by P.L.116-2015, SEC.22.

Sec. 1. As used in this chapter, "commercial real estate" means any real estate other than: (1) real estate containing one (1) to four (4) residential units; (2) real estate on which no buildings or structures are located and that is zoned for single family residential use; or (3…

Sec. 10. A broker company shall, not later than ten (10) days after recording a notice of lien under this chapter, personally serve or mail, by registered or certified mail, a copy of the notice of lien to the owner of record of the commercial real estate, or to the agent of the …

Sec. 11. (a) The broker company claiming the lien shall, not later than one (1) year after recording the notice of the lien, commence proceedings to foreclose the lien. However, for future fees or commissions payable over a period in excess of one (1) year from the occurrence of …

Sec. 12. A notice of lien recorded under this chapter must: (1) state: (A) the name of the claimant; (B) the name of the owner of the commercial real estate upon which the lien is claimed; (C) a legal description of the commercial real estate upon which the lien is claimed; (D) t…

Sec. 13. (a) If: (1) a memorandum of lien or notice of lien has been recorded with the office of the recorder of the appropriate county; and (2) a condition occurs that would preclude the broker company from receiving fees or commissions under the terms of the written agreement, …

Sec. 14. If the broker company and the party from whom fees or commissions are claimed under this chapter agree to alternative dispute resolution, any claim under this chapter must be heard and resolved in the forum agreed to by the parties. The court before which a lien foreclos…

Sec. 15. The cost of proceedings brought under this chapter, including reasonable attorney's fees, costs, and prejudgment interest due to the prevailing party, shall be borne by the nonprevailing party. If more than one (1) party is responsible for costs, fees, and prejudgment in…

Sec. 16. Except for a waiver or release of a memorandum or lien provided in consideration of payment of the fees or commissions claimed by a broker company under this chapter, or except as otherwise provided in section 13 of this chapter, any waiver of a broker company's right to…

Sec. 17. Valid recorded liens, mortgages, and other encumbrances that are recorded before a principal broker's notice of lien under this chapter have priority over a principal broker's lien under this chapter. Prior recorded liens, mortgages, and encumbrances that have priority u…

Sec. 18. If: (1) a claim for a lien under this chapter has been filed with the office of the recorder of the county in which commercial real estate or any interest in commercial real estate is located; and (2) an escrow account is established among: (A) the one (1) or more partie…

closing; civil action; damages; defenses Sec. 19. (a) If any party, including a broker company, buyer, or buyer's mortgagee suffers a pecuniary loss as the result of an owner's violation of the notice or certification provisions described in section 7 of this chapter, the party m…

Sec. 2. As used in this chapter, "fees or commissions" means compensation owed to a broker company for performing services requiring a license under IC 25-34.1-3-2. As added by P.L.78-2006, SEC.1. Amended by P.L.127-2012, SEC.49; P.L.116-2015, SEC.23.

Sec. 3. As used in this chapter, "managing broker" has the meaning set forth in IC 25-34.1-1-2. As added by P.L.78-2006, SEC.1. Amended by P.L.127-2012, SEC.50.

Sec. 4. As used in this chapter, "real estate" has the meaning set forth in IC 25-34.1-1-2. As added by P.L.78-2006, SEC.1.

Sec. 5. A broker company may have a lien upon commercial real estate, or any interest in commercial real estate, that is the subject of a purchase, a lease, or other conveyance to a buyer or tenant, in the amount that the broker company is due for licensed services, including bro…

Sec. 6. (a) A lien under this chapter attaches to commercial real estate or an interest in commercial real estate upon: (1) the broker company being entitled to fees or commissions under a written agreement, a contract, or another instrument signed by the owner, buyer, or tenant …

Sec. 7. (a) This section does not apply: (1) to fees or commissions that arise from a lease, including fees or commissions for a sale of the property, lease expansions, or lease renewals; (2) if a broker company's fees or commissions have been paid in full; or (3) if a broker com…

Sec. 8. (a) This section applies to a transaction involving the conveyance or transfer of commercial real estate in which: (1) payment to a broker company is due in installments; and (2) a part of the installment payments is due only after the conveyance or transfer of the commer…

Sec. 9. (a) Subject to subsection (b), in the case of a lease of commercial real estate, including a sublease or an assignment of a lease, the notice of a lien under this chapter must be recorded not later than ninety (90) days after the tenant takes possession of the leased prem…

Sec. 1. This chapter applies to all governing documents established, adopted, enacted, or enforced before, on, or after July 1, 2026. As added by P.L.26-2026, SEC.1.

Sec. 2. As used in this chapter, "front yard" means a yard within a parcel of real property that has a front building setback line of at least fifteen (15) feet that extends the full width of the parcel between the front lot line and the front building setback line. As added by P…

Sec. 3. (a) As used in this chapter, "governing document" means each document governing the establishment, maintenance, or operation of a property owners association. (b) The term includes documents that subject real property to: (1) restrictive covenants or similar instruments g…

Sec. 4. As used in this chapter, "property owners association" means an incorporated or unincorporated: (1) homeowners association; (2) condominium association; (3) cooperative association; (4) residential subdivision association; or (5) similar property owners association; owned…

Sec. 5. Except as provided in section 6 of this chapter, a property owners association may not adopt or enforce a governing document provision that prohibits or restricts, or has the effect of prohibiting or restricting, a member of the property owners association from displaying…

Sec. 6. A property owners association may adopt or enforce reasonable governing document provisions that do any of the following: (1) Require: (A) that the flag of the United States must be displayed in accordance with: (i) 4 U.S.C. 5 through 4 U.S.C. 10; and (ii) the federal Fre…

Sec. 1. This chapter applies only to an agreement entered into or renewed after June 30, 2024. As added by P.L.47-2024, SEC.3.

Sec. 2. As used in this chapter, "solicitation" includes all methods of print, electronic, or broadcast solicitation, including: (1) televised advertisement; (2) radio broadcast; (3) newspaper or magazine advertisement; (4) billboard; (5) post card or other mailer; (6) yard sign;…

Sec. 3. As used in this chapter, "unlicensed real estate solicitor" refers to a person that does not have a valid real estate license under IC 25-34.1-3. The term does not include a: (1) home builder; (2) nonprofit organization exempt from federal income taxation under Section 50…

Sec. 4. (a) An unlicensed real estate solicitor may not solicit the sale or purchase of a residential, single-family home unless the solicitation includes the following disclosure: "This solicitation is not from a licensed real estate professional.". (b) The disclosure required u…

Sec. 5. Before an unlicensed real estate solicitor enters into a written agreement with a homeowner, the unlicensed real estate solicitor shall inform the homeowner as to whether any information provided in the disclosure required under section 4 of this chapter has changed. As a…

Sec. 6. (a) Within two (2) days of entering into an agreement with an unlicensed real estate solicitor, a homeowner may nullify the agreement by delivering a written rescission to the unlicensed real estate solicitor or the unlicensed real estate solicitor's agent, if the disclos…