in-20251112-IR-876250627FNA: UPDATES TO RULES; REQUIREMENTS

TITLE 876 INDIANA REAL ESTATE COMMISSION Notice of First Public Comment Period LSA Document #25-627 UPDATES TO RULES; REQUIREMENTS PURPOSE OF NOTICE The Indiana Real Estate Commission (commission) is soliciting public comment on amending and repealing rules at 876 IAC 9-1 concerning the seller's residential real estate disclosure form (form). The commission seeks comment on the affected citations listed and any other provisions of Title 876 that may be affected by this rulemaking. ADDITIONAL DOCUMENTS Regulatory Analysis: 20251112-IR-876250627RAA Notice of Public Hearing: 20251112-IR-876250627PHA CITATIONS AFFECTED: 876 IAC 9-1-1; 876 IAC 9-1-2 AUTHORITY: IC 25-34.1-2-5; IC 32-21-5-7 OVERVIEW Basic Purpose and Background The proposed rule: (1) incorporates recent statutory changes to IC 32-21-5-7 into the form; (2) updates the form to better reflect today's real estate transactions and various types of technical equipment found in many homes; (3) adds signature lines on each page to make the form more secure if pages get separated; and (4) removes the form's content from the rule. The commission unanimously approved the revised form and proposed rule on August 13, 2025. The form is now published as the seller's residential real estate sales disclosure, State Form 46234 (R8 / 7-25), and can be found on the Indiana archives and records administration state forms online catalog at https://www.in.gov/iara/services-for-public/state-forms-online-catalog/state-forms-online-catalog-all-agencies-all-formats/. The primary impacted parties include licensed real estate brokers, the commission, and Indiana home buyers and sellers. For purposes of IC 4-22-2-28.1, small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator: For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-6 is: Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-6, specifically IC 5-28-17-6(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator. REQUEST FOR PUBLIC COMMENT The commission is soliciting public comment on the proposed rule. Comments may be submitted in one of the following ways: COMMENT PERIOD DEADLINE All comments must be postmarked or time stamped not later than December 12, 2025. The rule, Regulatory Analysis, appendices referenced in the Regulatory Analysis, and materials incorporated by reference (if applicable) are on file at the Indiana Professional Licensing Agency, 402 West Washington Street, Room W072, Indianapolis, Indiana and are available for public inspection. Copies of the rule, Regulatory Analysis, and appendices referenced in the Regulatory Analysis are available at the Indiana Professional Licensing Agency office. If the commission does not receive substantive comments during the public comment period or public hearing, the rule may be adopted with text that is the same as or does not substantially differ from the text of the proposed rule published in this notice. PROPOSED RULE Sec. 1. (a) This rule establishes the seller's Sellers of residential real estate sales disclosure properties shall make disclosures on the form provided for in IC 32-21-5-7. (b) The form appears in section 2 of this rule. (b) The commission adopts as its rule and incorporates by reference State Form 46234 (R8 / 7-25), published September 2, 2025, which is maintained in the Indiana archives and records administration state forms online catalog.