Introduced Version
HOUSE BILL No. 1177
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-6-9-4; IC 24-4.7; IC 32-22-5.5.
Synopsis: Home ownership. Provides that Indiana law regulating
telephone sales calls applies to a telephone solicitation that: (1) is made
by a telephone solicitor that is not a licensed real estate broker; and (2)
communicates to a consumer: (A) an offer to purchase; (B) an offer to
broker, or otherwise assist or act as an intermediary in, the sale of; or
(C) an inquiry regarding the consumer's interest in selling; residential
real property that was not publicly offered for sale, or advertised as
being for sale, at any time during the 30 days preceding the date on
which the telephone solicitation is made (unsolicited home purchase
inquiries). Provides that a telephone solicitor that is not a licensed real
estate broker may not make more than one unsolicited home purchase
inquiry to the same consumer in a single calendar year. Provides that
an investment firm may not enter into an executory contract for the
purchase of a single family residence until not less than 90 days after
the residence is listed for sale. Requires an investment firm to be
represented by a licensed real estate broker who is not an employee of
the investment firm or any of its subsidiaries to enter into an executory
contract for the purchase of a single family residence. Makes a
technical correction.
Effective: July 1, 2025.
Pryor
January 8, 2025, read first time and referred to Committee on Commerce, Small Business
and Economic Development.
2025 IN 1177—LS 6391/DI 137 Introduced
First Regular Session of the 124th General Assembly (2025)
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 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1177
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 4-6-9-4, AS AMENDED BY P.L.149-2023,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 4. (a) The division has the following powers and
4 duties:
5 (1) The power to investigate any written consumer complaint
6 made by a nonmerchant arising from a transaction between a
7 merchant as defined in the Uniform Commercial Code and a
8 nonmerchant concerning sales, leases, assignments, awards by
9 chance, or other dispositions of goods, services, or repairs, and
10 intangibles to a person for purposes that are primarily personal,
11 familial, household, charitable, or agricultural, or a solicitation to
12 supply any of the above things. When a consumer trades in or
13 sells a motor vehicle to another consumer or nonconsumer, the
14 consumer shall be considered to be a nonconsumer and shall be
15 subject to the provisions of this chapter. The division shall have
16 no jurisdiction over matters concerning utilities subject to
17 regulation by the utility regulatory commission or by an agency of
2025 IN 1177—LS 6391/DI 137 2
1 the United States except that the provisions of subdivision (5)
2 shall apply and except as provided in IC 8-1-29.
3 (2) For complaints filed after August 31, 1984, the duty to
4 ascertain from the consumer whether the consumer consents to
5 public disclosure by the division of the filing of the complaint,
6 including the consumer's identity and telephone number, if any.
7 (3) The duty to notify the merchant of the nature of the complaint
8 by written communication and request a written reply.
9 (4) Upon receipt of reply, the duty to act as mediator between the
10 parties and attempt to resolve all complaints in a conciliatory
11 manner. The director of the division and the attorney general have
12 discretion whether to mediate complaints involving a de minimis
13 amount of money.
14 (5) If no reply is received or if the parties are unable to resolve
15 their differences, and no violation of federal or state statute or rule
16 is indicated, the duty to provide the complainant with a copy of all
17 correspondence relating to the matter.
18 (6) Whenever a violation of a state or federal law or
19 administrative rule is indicated, the duty to forward to the
20 appropriate state or federal agency a copy of the correspondence
21 and request that the agency further investigate the complaint and
22 report to the division upon the disposition of the complaint.
23 (7) The power to initiate and prosecute civil actions on behalf of
24 the state whenever an agency to which a complaint has been
25 forwarded fails to act upon the complaint within ten (10) working
26 days after its referral, or whenever no state agency has jurisdiction
27 over the subject matter of the complaint.
28 (8) The power to investigate a complaint against a temporary
29 health care services agency licensed under IC 16-52.
30 (b) All complaints and correspondence in the possession of the
31 division under this chapter are confidential unless disclosure of a
32 complaint or correspondence is:
33 (1) requested by the person who filed the complaint;
34 (2) consented to, in whole or in part, after August 31, 1984, by the
35 person who filed the complaint;
36 (3) in furtherance of an investigation by a law enforcement
37 agency; or
38 (4) necessary for the filing of an action by the attorney general
39 under IC 24-5-0.5.
40 (c) Notwithstanding subsection (b), the division may publicly
41 disclose information relating to the status of complaints under
42 subsection (a)(3), (a)(4), (a)(5), (a)(6), and (a)(7).
2025 IN 1177—LS 6391/DI 137 3
1 (d) Except for a residential telephone number published in the most
2 recent quarterly telephone sales solicitation listing by the division
3 under IC 24-4.7-3 and except as provided in subsection (e), all
4 consumer information provided for the purposes of registering for or
5 maintaining the no telephone sales solicitation listing is confidential.
6 (e) The name, address, and telephone number of a registrant of the
7 most recent quarterly no telephone sales solicitation listing may be
8 released for journalistic purposes if the registrant consents to the
9 release of information after June 30, 2007.
10 SECTION 2. IC 24-4.7-2-5, AS AMENDED BY P.L.153-2017,
11 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2025]: Sec. 5. (a) "Doing business in Indiana" means:
13 (1) making; or
14 (2) causing others to make;
15 telephone sales calls solicitations to consumers located in Indiana,
16 regardless of whether the telephone sales calls solicitations are made
17 from a location in Indiana or outside Indiana.
18 (b) A person that controls, directly or indirectly, one (1) or more
19 persons that make or cause another person to make a telephone call
20 solicitation to a consumer located in Indiana is "doing business in
21 Indiana", no matter where the person is located or domiciled.
22 SECTION 3. IC 24-4.7-2-7, AS AMENDED BY P.L.226-2011,
23 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2025]: Sec. 7. "Listing" refers to the no telephone sales
25 solicitation listing published by the division under IC 24-4.7-3 that lists
26 the telephone numbers of consumers who do not wish to receive
27 telephone sales calls. solicitations.
28 SECTION 4. IC 24-4.7-2-9, AS AMENDED BY P.L.148-2024,
29 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2025]: Sec. 9. (a) "Telephone sales call" solicitation" means
31 a telephone call made to a consumer for any of the following purposes:
32 (1) Solicitation of a sale of consumer goods or services.
33 (2) Solicitation of a charitable contribution.
34 (3) Obtaining information that will or may be used for the direct
35 solicitation of a sale of consumer goods or services or an
36 extension of credit for such purposes.
37 (4) An unsolicited home purchase inquiry.
38 (b) The term includes any of the following:
39 (1) A call made by use of an automated dialing device.
40 (2) A call made by use of a recorded message device.
41 (3) Transmission of:
42 (A) a text message;
2025 IN 1177—LS 6391/DI 137 4
1 (B) a graphic message;
2 (C) an image;
3 (D) a photograph; or
4 (E) a multimedia message;
5 to a telephone number through the use of short message service
6 (SMS), multimedia messaging service (MMS), over-the-top
7 (OTT) messaging or voice calling service, or any other technology
8 or service that transmits messages to a device.
9 SECTION 5. IC 24-4.7-2-11 IS ADDED TO THE INDIANA CODE
10 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
11 1, 2025]: Sec. 11. "Unsolicited home purchase inquiry" means a
12 telephone solicitation that:
13 (1) is made, or is caused to be made, to a consumer by a
14 telephone solicitor that is not a real estate broker licensed
15 under IC 25-34.1-3; and
16 (2) communicates:
17 (A) an offer to purchase;
18 (B) an offer to broker, or otherwise assist or act as an
19 intermediary in, the sale of; or
20 (C) an inquiry regarding the consumer's interest in selling;
21 residential real property that was not publicly offered for sale,
22 or advertised as being for sale, at any time during the thirty
23 (30) days preceding the date on which the telephone
24 solicitation is made.
25 SECTION 6. IC 24-4.7-4-1 IS AMENDED TO READ AS
26 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. A telephone solicitor
27 may not make or cause to be made a telephone sales call solicitation
28 to a telephone number if that telephone number appears in the most
29 current quarterly listing published by the division.
30 SECTION 7. IC 24-4.7-4-2, AS AMENDED BY P.L.153-2017,
31 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2025]: Sec. 2. A telephone solicitor who makes a telephone
33 sales call solicitation to a telephone number shall immediately disclose
34 the following information upon making contact with the consumer:
35 (1) The solicitor's true first and last name.
36 (2) The name of the business or person on whose behalf the
37 telephone solicitor is soliciting.
38 (3) The person with which the solicitor is employed or has
39 contracted.
40 SECTION 8. IC 24-4.7-4-4 IS AMENDED TO READ AS
41 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) This section does
42 not apply to any of the following:
2025 IN 1177—LS 6391/DI 137 5
1 (1) A sale in which:
2 (A) no prior payment is made to a merchant;
3 (B) an invoice accompanies the goods or services; and
4 (C) a consumer is allowed seven (7) days to cancel the
5 services or return the goods without obligation for payment.
6 (2) A contractual agreement that:
7 (A) requires payment; and
8 (B) allows the consumer at least ten (10) days to cancel the
9 contract and receive a full refund of the payment.
10 (3) A sale regulated by 170 IAC 7-1.1-19.
11 (4) A newspaper subscription executed through a telephone call.
12 (b) A contract for a sale of consumer goods or services made
13 under a telephone sales call solicitation is not valid and enforceable
14 against a consumer unless the contract complies with this section.
15 (c) A contract for a sale of consumer goods or services made
16 under a telephone sales call solicitation must satisfy all of the
17 following:
18 (1) The contract must be reduced to writing and signed by the
19 consumer.
20 (2) The contract must contain the name, address, and business
21 telephone number of the seller, the total price of the contract, and
22 a detailed description of the goods or services being sold.
23 (3) The description of goods or services as stated in the contract
24 must be the same as the description principally used in the
25 telephone solicitation.
26 (4) The contract must contain, in bold, conspicuous type
27 immediately preceding the signature the words "you are not
28 obligated to pay any money unless you sign this contract and
29 return it to the seller".
30 (5) The contract may not exclude from its terms any oral or
31 written representations made by the telephone solicitor to the
32 consumer in connection with the transaction.
33 SECTION 9. IC 24-4.7-4-5 IS AMENDED TO READ AS
34 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. (a) This section does
35 not apply to any of the following:
36 (1) A transaction made in accordance with prior negotiations in
37 the course of a visit by a consumer to a merchant that operates a
38 retail business establishment that has a fixed, permanent location
39 where consumer goods are displayed or offered for sale on a
40 continuing basis.
41 (2) A transaction in which:
42 (A) a consumer may obtain a full refund for the return of
2025 IN 1177—LS 6391/DI 137 6
1 undamaged and unused goods; or
2 (B) a consumer may, within seven (7) days after receipt of
3 merchandise by a consumer, give a cancellation of services
4 notice to a seller and return the merchandise, and the seller
5 must process the refund within thirty (30) days after receipt of
6 the returned merchandise.
7 (3) A transaction in which a consumer purchases goods or
8 services under a television, radio, or print advertisement or a
9 sample, brochure, or catalog of a merchant that contains:
10 (A) the name, address, and business telephone number of the
11 merchant;
12 (B) a description of the goods or services being sold; and
13 (C) limitations or restrictions that apply to the offer.
14 (4) A transaction in which a merchant is a bona fide charitable
15 organization.
16 (b) A contract for a sale of consumer goods or services made
17 under a telephone sales call solicitation in violation of this section is
18 not valid and enforceable against a consumer.
19 (c) A merchant who engages a telephone solicitor to make or cause
20 to be made a telephone sales call solicitation for a sale of consumer
21 goods or services may not:
22 (1) make or submit a charge to a consumer's credit card account;
23 or
24 (2) make or cause to be made any electronic transfer of funds;
25 until the merchant receives from the consumer a copy of the contract,
26 signed by the consumer, that complies with this chapter.
27 SECTION 10. IC 24-4.7-4-8 IS ADDED TO THE INDIANA CODE
28 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
29 1, 2025]: Sec. 8. (a) This section does not apply to a telephone
30 solicitor that is a real estate broker licensed under IC 25-34.1-3.
31 (b) A telephone solicitor may not make more than one (1)
32 unsolicited home purchase inquiry to the same consumer in a single
33 calendar year.
34 SECTION 11. IC 32-22-5.5 IS ADDED TO THE INDIANA CODE
35 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2025]:
37 Chapter 5.5. Purchase of Single Family Residences by
38 Investment Firms
39 Sec. 1. This chapter applies to a single family residence located
40 within Indiana that is listed for sale after June 30, 2025.
41 Sec. 2. As used in this chapter, "investment firm" means a
42 corporation or trust engaged in the business of investing the pooled
2025 IN 1177—LS 6391/DI 137 7
1 capital of investors in financial securities.
2 Sec. 3. As used in this chapter, "single family residence" means
3 an individual residence with facilities for living for a single
4 household.
5 Sec. 4. An investment firm may not enter into an executory
6 contract to purchase a single family residence until not less than
7 ninety (90) days after the date the single family residence is listed
8 for sale.
9 Sec. 5. An investment firm must be represented by a real estate
10 broker who:
11 (1) is licensed under IC 25-34.1-3; and
12 (2) is not an employee of the investment firm or any of the
13 investment firm's subsidiaries;
14 to enter into an executory contract for the purchase of a single
15 family residence.
2025 IN 1177—LS 6391/DI 137