Indiana 2025 Regular Session

Indiana House Bill HB1607 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1607
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 25-34.1-10-10.
7	7	Synopsis: Information and disclosures concerning radon. Establishes
8	8	that, before signing a purchase agreement to sell or transfer residential
9	9	property, an individual or entity issued a broker's real estate license by
10	10	the Indiana real estate commission representing a seller shall ensure
11	11	that the seller: (1) provides a radon warning statement to the buyer; (2)
12	12	discloses in writing to the buyer any knowledge the seller has of radon
13	13	concentrations in the dwelling; and (3) provides the buyer with a guide
14	14	on radon, testing, and mitigation published by the Indiana department
15	15	of health.
16	16	Effective: July 1, 2025.
17	17	King
18	18	January 21, 2025, read first time and referred to Committee on Employment, Labor and
19	19	Pensions.
20	20	2025 IN 1607—LS 6636/DI 153 Introduced
21	21	First Regular Session of the 124th General Assembly (2025)
22	22	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
23	23	Constitution) is being amended, the text of the existing provision will appear in this style type,
24	24	additions will appear in this style type, and deletions will appear in this style type.
25	25	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
26	26	provision adopted), the text of the new provision will appear in this style type. Also, the
27	27	word NEW will appear in that style type in the introductory clause of each SECTION that adds
28	28	a new provision to the Indiana Code or the Indiana Constitution.
29	29	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
30	30	between statutes enacted by the 2024 Regular Session of the General Assembly.
31	31	HOUSE BILL No. 1607
32	32	A BILL FOR AN ACT to amend the Indiana Code concerning
33	33	professions and occupations.
34	34	Be it enacted by the General Assembly of the State of Indiana:
35	35	1 SECTION 1. IC 25-34.1-10-10 IS AMENDED TO READ AS
36	36	2 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 10. (a) A licensee
37	37	3 representing a seller or landlord has the following duties and
38	38	4 obligations:
39	39	5 (1) To fulfill the terms of the agency relationship made with the
40	40	6 seller or landlord.
41	41	7 (2) To disclose the nature of the agency relationship with the
42	42	8 seller or landlord, and redefine and disclose if the relationship
43	43	9 changes.
44	44	10 (3) To promote the interests of the seller or landlord by:
45	45	11 (A) seeking a price or lease rate and contract terms satisfactory
46	46	12 to the seller or landlord; however, the licensee is not obligated
47	47	13 to seek additional offers to purchase or lease after an offer to
48	48	14 purchase or lease has been accepted by the seller or landlord,
49	49	15 unless otherwise agreed between the parties;
50	50	16 (B) presenting all offers to purchase or lease to and from the
51	51	17 seller or landlord immediately upon receipt of the offers
52	52	2025 IN 1607—LS 6636/DI 153 2
53	53	1 regardless of whether an offer to purchase or lease has been
54	54	2 accepted, unless otherwise directed by the seller or landlord;
55	55	3 (C) disclosing to the seller or landlord adverse material facts
56	56	4 or risks actually known by the licensee concerning the real
57	57	5 estate transaction;
58	58	6 (D) advising the seller or landlord to obtain expert advice
59	59	7 concerning material matters that are beyond the licensee's
60	60	8 expertise;
61	61	9 (E) timely accounting for all money and property received
62	62	10 from the seller or landlord;
63	63	11 (F) exercising reasonable care and skill; and
64	64	12 (G) complying with the requirements of this chapter and all
65	65	13 applicable federal, state, and local laws, rules, and regulations,
66	66	14 including fair housing and civil rights statutes, rules, and
67	67	15 regulations.
68	68	16 (b) A licensee representing a seller or landlord may not disclose the
69	69	17 following without the informed written consent of the seller or
70	70	18 landlord:
71	71	19 (1) That a seller or landlord will accept less than the listed price
72	72	20 or lease rate for the property or other contract concessions.
73	73	21 (2) What motivates the seller to sell or landlord to lease the
74	74	22 property.
75	75	23 (3) Any material or confidential information about the seller or
76	76	24 landlord unless the disclosure is required by law or where failure
77	77	25 to disclose would constitute fraud or dishonest dealing.
78	78	26 (c) A licensee representing a seller or landlord owes no duties or
79	79	27 obligations to the buyer or tenant except that a licensee shall treat all
80	80	28 prospective buyers or tenants honestly and shall not knowingly give
81	81	29 them false information.
82	82	30 (d) A licensee shall disclose to a prospective buyer or tenant adverse
83	83	31 material facts or risks actually known by the licensee concerning the
84	84	32 physical condition of the property and facts required by statute or
85	85	33 regulation to be disclosed and that could not be discovered by a
86	86	34 reasonable and timely inspection of the property by the buyer or tenant.
87	87	35 A licensee representing a seller or landlord owes no duty to conduct an
88	88	36 independent inspection of the property for the buyer or tenant or to
89	89	37 verify the accuracy of any statement, written or oral, made by the seller,
90	90	38 the landlord, or an independent inspector. This subsection does not
91	91	39 limit the obligation of a prospective buyer or tenant to obtain an
92	92	40 independent inspection of the physical condition of the property. A
93	93	41 cause of action does not arise against a licensee for disclosing
94	94	42 information in compliance with this section.
95	95	2025 IN 1607—LS 6636/DI 153 3
96	96	1 (e) Before signing a purchase agreement to sell or transfer
97	97	2 residential property, a licensee representing a seller shall ensure
98	98	3 that the seller does the following:
99	99	4 (1) Provides in writing to the buyer the following warning
100	100	5 statement:
101	101	6 "The Indiana Department of Health strongly recommends
102	102	7 that all homebuyers have an indoor radon test performed
103	103	8 by a certified and licensed radon tester prior to purchase
104	104	9 or taking occupancy and recommends having the radon
105	105	10 levels mitigated if elevated radon concentrations are found.
106	106	11 Elevated radon concentrations can easily be reduced by a
107	107	12 certified and licensed radon mitigator. Every buyer of any
108	108	13 interest in residential real property is notified that the
109	109	14 property may present exposure to dangerous levels of
110	110	15 indoor radon gas that may place the occupants at risk of
111	111	16 developing radon-induced lung cancer. Radon, a Class A
112	112	17 human carcinogen, is the leading cause of lung cancer in
113	113	18 nonsmokers and the second leading cause overall. The
114	114	19 seller of any interest in residential real property is
115	115	20 required to provide the buyer with any information on
116	116	21 radon test results for the dwelling.".
117	117	22 (2) Discloses in writing to the buyer any knowledge the seller
118	118	23 has of radon concentrations in the dwelling, including:
119	119	24 (A) whether any radon tests have occurred on the real
120	120	25 property;
121	121	26 (B) the most current records or reports, or both,
122	122	27 pertaining to radon concentrations in the dwelling;
123	123	28 (C) a description of any radon concentrations, mitigation,
124	124	29 or remediation occurring or that has occurred in the
125	125	30 dwelling; and
126	126	31 (D) information regarding any radon mitigation system
127	127	32 installed in the dwelling, including system descriptions and
128	128	33 documentation.
129	129	34 (3) Provides the buyer with a guide on radon, testing, and
130	130	35 mitigation published by the Indiana department of health.
131	131	36 The radon disclosure requirements under this section apply to the
132	132	37 transfer of any interest in residential real estate, whether by sale,
133	133	38 exchange, deed, contract for deed, lease with an option to purchase,
134	134	39 or any other option. The buyer shall acknowledge receipt of the
135	135	40 information or materials described in subdivisions (1) through (3)
136	136	41 by signing a notification.
137	137	42 (e) (f) A licensee representing a seller or landlord may:
138	138	2025 IN 1607—LS 6636/DI 153 4
139	139	1 (1) show alternative properties not owned by the seller or landlord
140	140	2 to a prospective buyer or tenant and may list competing properties
141	141	3 for sale or lease without breaching any duty or obligation to the
142	142	4 seller or landlord; and
143	143	5 (2) provide to a buyer or tenant services in the ordinary course of
144	144	6 a real estate transaction and any similar services that do not
145	145	7 violate the terms of the agency relationship made with the seller
146	146	8 or landlord.
147	147	2025 IN 1607—LS 6636/DI 153