*HB1155.1*
February 16, 2023
HOUSE BILL No. 1155
_____
DIGEST OF HB 1155 (Updated February 15, 2023 10:09 am - DI 149)
Citations Affected: IC 24-5; IC 32-21.
Synopsis: Unlicensed real estate solicitor. Defines an "unlicensed real
estate solicitor". Requires an unlicensed real estate solicitor to include
a specific solicitation disclosure on all advertisements promoting the
unlicensed real estate solicitor's intent to purchase a residential, single-
family home. Provides remedies to a homeowner that enters into an
agreement with an unlicensed real estate solicitor. Provides that it is a
deceptive act enforceable by the attorney general for an unlicensed real
estate solicitor to solicit the sale or purchase of real estate through print
or broadcast advertising without the required solicitation disclosure.
Effective: July 1, 2023.
Clere, Torr, Jeter, Hatfield
January 10, 2023, read first time and referred to Committee on Judiciary.
February 16, 2023, amended, reported — Do Pass.
HB 1155—LS 7428/DI 106 February 16, 2023
First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
HOUSE BILL No. 1155
A BILL FOR AN ACT to amend the Indiana Code concerning
property.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 24-5-0.5-13 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2023]: Sec. 13. (a) It is a deceptive act for an unlicensed real
4 estate solicitor (as defined in IC 32-21-16-3) to solicit the sale or
5 purchase of real estate through an advertisement without the
6 solicitation disclosure required under IC 32-21-16-4.
7 (b) The attorney general shall enforce this section in the same
8 manner as any other deceptive act under this chapter.
9 SECTION 2. IC 32-21-16 IS ADDED TO THE INDIANA CODE
10 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2023]:
12 Chapter 16. Solicitation of Real Estate Sale or Purchase by an
13 Unlicensed Real Estate Solicitor
14 Sec. 1. This chapter applies only to an agreement entered into
15 or renewed after June 30, 2023.
16 Sec. 2. As used in this chapter, "advertisement" refers to all
17 methods of print, electronic, or broadcast advertising, including:
HB 1155—LS 7428/DI 106 2
1 (1) televised advertisement;
2 (2) radio broadcast;
3 (3) newspaper and magazine advertisement;
4 (4) billboard;
5 (5) postcards or other mailer;
6 (6) yard signs;
7 (7) website;
8 (8) electronic mail, text, or other means of electronic
9 communication;
10 (9) social media; and
11 (10) any other method of print or electronic advertising.
12 Sec. 3. As used in this chapter, an "unlicensed real estate
13 solicitor" refers to a person that does not have a valid real estate
14 license under IC 25-34.1-3. This term does not include a:
15 (1) home builder;
16 (2) nonprofit organization exempt from federal income
17 taxation under Section 501(c)(3) of the Internal Revenue
18 Code;
19 (3) governmental entity; or
20 (4) person described under IC 25-34.1-3-2(b).
21 Sec. 4. (a) An unlicensed real estate solicitor may not advertise
22 the sale or purchase of a residential, single-family home unless the
23 advertisement includes the following solicitation disclosure:
24 "Before responding to a solicitation or entering into an agreement,
25 a homeowner is advised to seek the advice of a licensed attorney,
26 real estate broker, or real estate appraiser. Home values can
27 change quickly and your home may be worth more than you
28 think.".
29 (b) The solicitation disclosure required under subsection (a)
30 must do the following:
31 (1) Be included on all advertisements published by or on
32 behalf of an unlicensed real estate solicitor for the purpose of
33 soliciting the sale or purchase of a residential, single-family
34 home.
35 (2) Be printed in a font of prominent size and color.
36 (3) Be stated in an audible format for broadcast or televised
37 advertisement.
38 (4) Include the legal name of the unlicensed real estate
39 solicitor and the legal name of the person that is expected to
40 purchase the residential, single-family home if the expected
41 purchaser is not the unlicensed real estate solicitor.
42 Sec. 5. Before an unlicensed real estate solicitor enters into a
HB 1155—LS 7428/DI 106 3
1 written agreement with a homeowner, the unlicensed real estate
2 solicitor shall inform the homeowner whether any information
3 provided in the solicitation disclosure required under section 4 of
4 this chapter has changed.
5 Sec. 6. (a) Within five (5) days of entering into an agreement
6 with an unlicensed real estate solicitor, a homeowner may nullify
7 the agreement by delivering a written rescission to the unlicensed
8 real estate solicitor or the unlicensed real estate solicitor's agent,
9 if any.
10 (b) A homeowner is not liable for nullifying an agreement under
11 this section.
12 (c) In addition to any other legal or administrative remedies
13 available to an owner, a violation of this chapter is a deceptive act
14 that may be enforced by the attorney general under IC 24-5-0.5-13.
HB 1155—LS 7428/DI 106 4
COMMITTEE REPORT
Mr. Speaker: Your Committee on Judiciary, to which was referred
House Bill 1155, has had the same under consideration and begs leave
to report the same back to the House with the recommendation that said
bill be amended as follows:
Page 1, line 3, delete "a buyer to make a" and insert "an unlicensed
real estate solicitor (as defined in IC 32-21-16-3) to solicit the sale
or purchase of real estate through an advertisement without the
solicitation disclosure required under IC 32-21-16-4.".
Page 1, delete lines 4 through 5.
Page 1, delete lines 8 through 17, begin a new chapter and insert:
"SECTION 2. IC 32-21-16 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]:
Chapter 16. Solicitation of Real Estate Sale or Purchase by an
Unlicensed Real Estate Solicitor
Sec. 1. This chapter applies only to an agreement entered into
or renewed after June 30, 2023.
Sec. 2. As used in this chapter, "advertisement" refers to all
methods of print, electronic, or broadcast advertising, including:
(1) televised advertisement;
(2) radio broadcast;
(3) newspaper and magazine advertisement;
(4) billboard;
(5) postcards or other mailer;
(6) yard signs;
(7) website;
(8) electronic mail, text, or other means of electronic
communication;
(9) social media; and
(10) any other method of print or electronic advertising.
Sec. 3. As used in this chapter, an "unlicensed real estate
solicitor" refers to a person that does not have a valid real estate
license under IC 25-34.1-3. This term does not include a:
(1) home builder;
(2) nonprofit organization exempt from federal income
taxation under Section 501(c)(3) of the Internal Revenue
Code;
(3) governmental entity; or
(4) person described under IC 25-34.1-3-2(b).
Sec. 4. (a) An unlicensed real estate solicitor may not advertise
the sale or purchase of a residential, single-family home unless the
HB 1155—LS 7428/DI 106 5
advertisement includes the following solicitation disclosure:
"Before responding to a solicitation or entering into an agreement,
a homeowner is advised to seek the advice of a licensed attorney,
real estate broker, or real estate appraiser. Home values can
change quickly and your home may be worth more than you
think.".
(b) The solicitation disclosure required under subsection (a)
must do the following:
(1) Be included on all advertisements published by or on
behalf of an unlicensed real estate solicitor for the purpose of
soliciting the sale or purchase of a residential, single-family
home.
(2) Be printed in a font of prominent size and color.
(3) Be stated in an audible format for broadcast or televised
advertisement.
(4) Include the legal name of the unlicensed real estate
solicitor and the legal name of the person that is expected to
purchase the residential, single-family home if the expected
purchaser is not the unlicensed real estate solicitor.
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 whether any information
provided in the solicitation disclosure required under section 4 of
this chapter has changed.
Sec. 6. (a) Within five (5) 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 any.
(b) A homeowner is not liable for nullifying an agreement under
this section.
(c) In addition to any other legal or administrative remedies
available to an owner, a violation of this chapter is a deceptive act
that may be enforced by the attorney general under
IC 24-5-0.5-13.".
Delete pages 2 through 3.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1155 as introduced.)
HB 1155—LS 7428/DI 106 6
TORR
Committee Vote: yeas 12, nays 0.
HB 1155—LS 7428/DI 106