HB1222

Residential real estate service agreements.

Latest bill text (Comm Sub) [PDF]

Summary

Residential real estate service agreements. 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.

Authors

Authored by Representative HaggardCoauthored by Representatives Torr and Miller D

Roll Calls

2024-02-27SenateSenate - Third reading PASS
2024-02-01HouseHouse - Third reading PASS

Fiscal Outlook

Title Description Date View
Fiscal NoteFiscal Note #1: Senate Enrolled2024-02-29 Click To View
Fiscal NoteFiscal Note #3: Senate Comm Sub2024-02-27 Click To View
Fiscal NoteFiscal Note #2: Senate Comm Sub2024-02-26 Click To View
Fiscal NoteFiscal Note #1: Senate Comm Sub2024-02-23 Click To View
Committee ReportHouse Committee Report2024-02-22 Click To View
Vote SheetVote Sheet February 21, 20242024-02-21 Click To View
Fiscal NoteFiscal Note #3: House Comm Sub2024-02-01 Click To View
Fiscal NoteFiscal Note #2: House Comm Sub2024-01-31 Click To View
Committee ReportHouse Committee Report2024-01-29 Click To View
Vote SheetVote Sheet January 29, 20242024-01-29 Click To View
Fiscal NoteFiscal Note #1: House Comm Sub2024-01-29 Click To View
Fiscal NoteFiscal Note #1: Introduced2024-01-08 Click To View

History

Date Chamber Action
2024-03-11HousePublic Law 62
2024-03-11HouseSigned by the Governor
2024-03-08SenateSigned by the President of the Senate
2024-03-05SenateSigned by the President Pro Tempore
2024-03-04HouseSigned by the Speaker
2024-02-28SenateReturned to the House without amendments
2024-02-27SenateThird reading: passed; Roll Call 212: yeas 47, nays 1
2024-02-26SenateSecond reading: ordered engrossed
2024-02-22SenateCommittee report: do pass, adopted
2024-02-19SenateSenator Koch added as third sponsor
2024-02-12SenateFirst reading: referred to Committee on Judiciary
2024-02-02HouseReferred to the Senate
2024-02-01HouseThird reading: passed; Roll Call 124: yeas 94, nays 0
2024-02-01HouseSenate sponsors: Senators Alexander and Goode
2024-01-31HouseSecond reading: ordered engrossed
2024-01-30HouseRepresentative Miller D removed as coauthor
2024-01-29HouseCommittee report: amend do pass, adopted
2024-01-09HouseFirst reading: referred to Committee on Judiciary
2024-01-09HouseAuthored by Representative Haggard
2024-01-09HouseCoauthored by Representatives Torr and Miller D