Bill Sponsor
Indiana House Bill 1222
Session 2024
Residential real estate service agreements.
Became Law
Became Law
Signed by Governor on Mar 11, 2024
Sponsors
Republican
Craig Haggard
Republican
Scott Alexander
Republican
Greg Goode
Republican
Eric Koch
First Action
Jan 9, 2024
Latest Action
Mar 11, 2024
Origin Chamber
House
Type
Bill
Bill Number
1222
State
Indiana
Session
2024
Sponsorship by Party
Republican
Author
Republican
Sponsor
Republican
Sponsor
Republican
Sponsor
Republican
Coauthor
House Votes (1)
Senate Votes (1)
checkPassed on February 1, 2024
Motion Text
HB 1222 - Haggard - 3rd Reading
House Roll Call Votes
Summary
Defines a "residential real estate service agreement" as an agreement: (1) under which a service provider agrees to provide one or more services: (A) in connection with the maintenance, purchase, or sale of residential real estate; and (B) that are not to be performed in their entirety within one year after the agreement is entered into; and (2) that: (A) purports to run with the land or to be binding on future owners; (B) allows for the assignment of the right to provide one or more of the services under the agreement without the consent of the owner of the residential real estate; or (C) purports to create a lien or an encumbrance on, or a security interest in, the residential real estate. Provides that a residential real estate service agreement that is entered into after March 14, 2024, is void and unenforceable. Prohibits a person from recording after March 14, 2024, a residential real estate service agreement in Indiana, regardless of when the residential real estate service agreement is entered into. Provides that a county recorder, or an employee of a county recorder, who records a residential real estate service agreement that is presented to the county recorder's office for recording is not civilly liable under the bill's provisions, regardless of when the recording occurs. Provides that if a residential real estate service agreement (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 agreement may: (1) apply to a court in the county in which the agreement is recorded for a declaratory judgment declaring the agreement unenforceable; and (2) recover the person's actual damages against any service provider that: (A) is a party to the agreement; and (B) recorded, or caused to be recorded, the agreement. Provides that a service provider that: (1) enters into a residential real estate service agreement with any person; or (2) records, or causes to be recorded, a residential real estate service agreement in Indiana; after March 14, 2024, commits a deceptive act that is subject to the remedies and penalties under the deceptive consumer sales act (act), including an action by the attorney general under the act. Provides that the bill's provisions do not apply to: (1) a residential real estate service agreement entered into before March 15, 2024 (except as otherwise provided in the bill); or (2) certain specified products, contracts, rights, agreements, services, or liens.
Actions (20)
03/11/2024
Office of the Governor
Signed by the Governor
03/11/2024
House
Public Law 62
03/08/2024
Senate
Signed by the President of the Senate
03/05/2024
Senate
Signed by the President Pro Tempore
03/04/2024
House
Signed by the Speaker
02/28/2024
Senate
Returned to the House without amendments
02/27/2024
Senate
Third reading: passed; Roll Call 212: yeas 47, nays 1
02/26/2024
Senate
Second reading: ordered engrossed
02/22/2024
Senate
Committee report: do pass, adopted
02/19/2024
Senate
Senator Koch added as third sponsor
02/12/2024
Senate
First reading: referred to Committee on Judiciary
02/02/2024
House
Referred to the Senate
02/01/2024
House
Third reading: passed; Roll Call 124: yeas 94, nays 0
02/01/2024
House
Senate sponsors: Senators Alexander and Goode
01/31/2024
House
Second reading: ordered engrossed
01/30/2024
House
Representative Miller D removed as coauthor
01/29/2024
House
Committee report: amend do pass, adopted
01/09/2024
House
First reading: referred to Committee on Judiciary
01/09/2024
House
Authored by Representative Haggard
01/09/2024
House
Coauthored by Representatives Torr and Miller D
Sources
Record Created
Jan 9, 2024 12:58:08 AM
Record Updated
Jul 26, 2024 8:59:20 AM