Indiana 2024 Regular Session Status: Enacted 4 R cosponsors

HB 1222 — Residential real estate service agreements.

Last action — Public Law 62

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 09, 2024. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 60% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 5 sponsors

    4 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (4 R).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

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.

Bill Text

We don't have the full text on file for this bill yet.

Read HB 1222 on the official Indiana source →

Action History

  1. Public Law 62

  2. Signed by the Governor

  3. Signed by the President of the Senate

  4. Signed by the President Pro Tempore

  5. Signed by the Speaker

  6. Returned to the House without amendments

  7. Third reading: passed; Roll Call 212: yeas 47, nays 1

  8. Second reading: ordered engrossed

  9. Committee report: do pass, adopted

  10. Senator Koch added as third sponsor

  11. First reading: referred to Committee on Judiciary

  12. Referred to the Senate

  13. Third reading: passed; Roll Call 124: yeas 94, nays 0

  14. Senate sponsors: Senators Alexander and Goode

  15. Second reading: ordered engrossed

  16. Representative Miller D removed as coauthor

  17. Committee report: amend do pass, adopted

  18. First reading: referred to Committee on Judiciary

  19. Authored by Representative Haggard

  20. Coauthored by Representatives Torr and Miller D

Sponsors

Sponsorship breakdown

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4 sponsors · 1 co-sponsors · 145 not signed on

Sponsors (4)

Co-sponsors (1)

  • Jerry Torr

Not signed on (145)

145 members have not signed on to this bill.

Show all 145 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

housing
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 1222 do?
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.
Who sponsors HB 1222?
HB 1222 is sponsored by Eric Koch (Republican), Greg Goode (Republican), Scott Alexander (Republican), Jerry Torr, and Craig Haggard (Republican).
What is the current status of HB 1222?
This bill has been enacted into law. Introduced January 09, 2024. Enacted.
Where can I track HB 1222?
Track HB 1222 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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