Section 32-28-15-9 - Effect of recording a real estate service agreement after March 14, 2024; judgment and court order(a) If a residential real estate service 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 residential real estate service agreement may: (1) in accordance with IC 34-14-1, apply to a court of competent jurisdiction in the county in which the residential real estate service agreement is recorded for a judgment declaring the residential real estate service agreement unenforceable; and(2) recover the person's actual damages, as the court determines to have been proven, against any service provider that: (A) is a party to the residential real estate service agreement; and(B) recorded, or caused to be recorded, the residential real estate service agreement; regardless of when the residential real estate service agreement was entered into.
(b) If a person with an interest in the residential real estate that is the subject of a residential real estate service agreement obtains under subsection (a) a court order declaring the residential real estate service agreement to be unenforceable, the person shall record the court's order with the county recorder, who shall cross-reference the order to the residential real estate service agreement originally recorded.Added by P.L. 62-2024,SEC. 1, eff. 3/11/2024.