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Indiana Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Indiana on
Q: Bought a meth house didn’t know, do I have any rights . We have left with just our clothes. My vehicles are contaminated

I’m autoimmune already now very sick, husband also now, do we have any rights to sue previous owners? Fumes are so bad since we started remodeling can’t get close to the house at all. Idk what to do or who to call. Pls help me

John Michael Frick
John Michael Frick
answered on Apr 12, 2024

Typically, a Seller may be liable if 1) it had actual knowledge of the condition, 2) it failed to disclose the condition, 3) the condition was material, and 4) the condition was hidden such that a reasonably prudent inspection of the house by the Buyer would not have revealed the condition.... View More

1 Answer | Asked in Personal Injury, Real Estate Law, Civil Rights and Energy, Oil and Gas for Indiana on
Q: Storm knocked down pole meter is on the pole also. REMC came out replaced pole didn't hook up wire from transformer to

Pole told me that I had to fix wire from meter to house get inspected and once I have green tag to call them back so they can finish. Well after 2 tries and $100 later the inspector gave me the green tag. The wire from the meter to the transformer still needed to be fixed and the new meter... View More

James L. Arrasmith
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answered on Apr 7, 2024

I'm so sorry to hear about the difficulties you've been facing with getting your electricity restored after the storm damage. Going 4-5 years without power, especially with your mother's medical needs, sounds incredibly challenging and frustrating.

It's unusual that the...
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1 Answer | Asked in Real Estate Law and Contracts for Indiana on
Q: Signed expired purchase agreement on home. Contract states if not signed by seller and accepted by buyer before expirati

on then it's null and void and no liability on either party. Is the seller still somehow liable?

Debra Kradjian Stephans
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answered on Mar 7, 2024

This is basic contract law. There are 3 essential elements to a contract. Offer, Acceptance and Consideration. An offer typically has a time limit and if it does not it will be based on a reasonable time. Since there is a time limit on the purchase agreement in question, the offer expires when... View More

1 Answer | Asked in Contracts and Real Estate Law for Indiana on
Q: Recently sold my property AS IS buyer cut down trees judge gave me until 15th for my stuff out can I sell the trees

Recently sold my property AS IS buyer cut down trees judge gave me until 15th for my stuff to be out can I sell the trees the current buyer cut down and left in the yard

Debra Kradjian Stephans
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answered on Mar 7, 2024

If you sell your house "as is" you are leaving the property to the new owner the way it is with all of its flaws and conditions in conjunction with the terms of your contract of sale. Typically, if you are moving out of house, you take your personal belongings and anything else that was... View More

1 Answer | Asked in Real Estate Law and Probate for Indiana on
Q: What are my rights in Indiana if my dad wasn’t able to include me to his Will before his death.

I found my dad in 2019 through 23 and me. He and I built a lovely relationship for four years before his death and he acknowledged me as his kin. He had no other children. He did establish A Will in 2016 leaving it for his two sisters. Unfortunately he did not update his Will to include me before... View More

T. Augustus Claus
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answered on Feb 8, 2024

In Indiana, if your father did not update his will to include you before his death but acknowledged you as his child, you may have rights under the state's intestacy laws, which come into play when someone dies without a will or without including an heir in their will. Since your father had no... View More

1 Answer | Asked in Contracts, Real Estate Law, Tax Law and Business Law for Indiana on
Q: The correct entity name to be registered with SOS Indiana

For asset protection and Tax minimisation purposes, for rental properties in Indiana that is owned by a Series LLC (ie. Example LLC - Scenario Series) formed in Texas, should the full series entity name (ie. Example LLC - Scenario Series) be registered with Secretary of State Indiana for foreign... View More

James L. Arrasmith
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answered on Jan 3, 2024

In your case, dealing with a Texas Series LLC owning rental properties in Indiana, the registration with the Indiana Secretary of State (SOS) requires careful consideration. The Series LLC structure is unique in that it allows for separate series or cells within a single LLC, each with its own... View More

1 Answer | Asked in Criminal Law, Real Estate Law, Land Use & Zoning and Gov & Administrative Law for Indiana on
Q: IN Law: Is a school that’s been abandoned 10+ years still considered “school property” ?
T. Augustus Claus
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answered on Dec 28, 2023

In Indiana, the status of a property as "school property" is typically determined by its legal designation and ownership, rather than its current use. If a school has been officially abandoned and is no longer owned or maintained by an educational institution, it may no longer be... View More

1 Answer | Asked in Real Estate Law, Tax Law and Landlord - Tenant for Indiana on
Q: Do I have to report "income" on real estate payment received only to cover the mortgage from current tenants?

Father's exwife owns the property. People that live in the house pay him, not her, directly the monthly amount to cover the mortgage payment on the property and nothing more. Is this considered "rental income" and should it be reported to the IRS? If so, who's taxes should it... View More

James L. Arrasmith
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answered on Dec 25, 2023

In this scenario, the money received from tenants to cover the mortgage is typically considered rental income and should be reported to the IRS. The key factor isn't the amount received but rather the fact that payment is made for the use of the property.

As for whose taxes it should...
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1 Answer | Asked in Real Estate Law and Probate for Indiana on
Q: I inherited property from a will. Can I have my granddaughters name put on the deed?
Anthony M. Avery
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answered on Aug 2, 2023

If there is a Probated Will with a specific devise to you as owner, then after the Estate is closed, you can deed your interest to anyone. Your source of title is the Will Book, Page Number usually, and should also include the Probate Case name and Docket Number.

1 Answer | Asked in Business Law and Real Estate Law for Indiana on
Q: If HOA Board resigns en masse, effective immediately, can they rescind resignations without homeowners approving?
Matthew Morris
Matthew Morris
answered on Jul 24, 2023

You probably need to look at a couple documents and a couple provisions of the law to know what legal effect the mass resignation caused.

First, find copies of your governing documents. If your HOA is a corporation (most are), you are looking for your Articles of Incorporation and your...
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1 Answer | Asked in Criminal Law, Real Estate Law and Civil Litigation for Indiana on
Q: I'm representing myself and the opposing attorney does not inform me of depositions. How can I report this in Indiana?

Because I have become disabled during the course of my legal case, I now must represent myself. The opposing counsel does not inform me of when they are taking depositions which precludes me from asking any questions of the person being deposed, which seems to violate IN Rule 30 B, 1 of IN trial... View More

John Michael Frick
John Michael Frick
answered on Jun 7, 2023

First and foremost, you should consult an Indiana attorney to determine what the procedure is under Indiana procedural laws.

Commonly, if a deposition is taken without notice to another party, the party who did not receive notice can file a motion to suppress the deposition so that its...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Q: Eviction of family member, no lease...?

[Indiana] - My brother-in-law wants to sell me a house that his ex-girlfriend and biological daughter reside in. There is no lease in place, nor formal rental agreement. If I purchase this house, can I ask the ex-girlfriend to leave or is there a formal "eviction" process that I need to do?

Peter J. Weinman
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answered on May 11, 2023

You can always ask, but you must commence a formal eviction if she chooses not to go. Evicting family is never easy, and courts (at least from my New York perspective) are sometimes sympathetic to tenants in these situations, so you should speak to an attorney to discuss your possible outcomes and... View More

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1 Answer | Asked in Real Estate Law for Indiana on
Q: We are selling our condominium. We believed that we could only sell it to people 55 and older. Is that true?

Our realtor told us that is discriminatory. Is that correct?

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

There is a federal law that makes it illegal to discriminate against families in housing. But there are exceptions. One such exception is the "55 or older" exemption. In order to qualify for the "55 or older" housing exemption, a facility or community must satisfy each of the... View More

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Indiana on
Q: Rent to own contract was broken by the landlord (owner/ seller) of the house, can I take them to court?

Landlord agreed to rent to own for $110,000. Landlord got a different mortgage on a new home they purchased and said they couldnt have this house( the one I was already renting to own for 5 years) as a rent to own anymore. Can I take them to court for the money I put into owning the house since... View More

Peter J. Weinman
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answered on Mar 24, 2023

Your rent-to-own contract should outline your rights and remedies. Assuming an attorney represented you when you entered into that agreement, you should speak to that attorney for advice. If you had no attorney, from my NY perspective, unless your contract prohibits it, you would need to bring an... View More

2 Answers | Asked in Business Formation, Real Estate Law and Business Law for Indiana on
Q: I own two lien free rentals through my sole-prop LLC. Can I loan money to my LLC to buy a 3rd rental and record a lien?

I own two rentals through my sole proprietor LLC. Can I loan money to my LLC to buy a 3rd rental and record a lien against the properties? Properties are currently free and clear. Would have promisary note and record liens publicly.

Michael Ray Smith
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Michael Ray Smith
answered on Jan 2, 2023

I thought of something else worth mentioning...the situation you describe makes it even more important than usual to protect the LLC's liability shield, i.e., to avoid practices that courts might use as reasons to "pierce the veil," an extraordinary remedy that allows the creditors... View More

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2 Answers | Asked in Business Formation, Real Estate Law and Business Law for Indiana on
Q: I own two lien free rentals through my sole-prop LLC. Can I loan money to my LLC to buy a 3rd rental and record a lien?

I own two rentals through my sole proprietor LLC. Can I loan money to my LLC to buy a 3rd rental and record a lien against the properties? Properties are currently free and clear. Would have promisary note and record liens publicly.

Michael Ray Smith
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Michael Ray Smith
answered on Jan 2, 2023

Certainly you can do that, but the question is whether it would succeed in giving you priority over any unsecured creditors the LLC might have. Assuming there's nothing nefarious or fraudulent involved (such as trying to hinder other creditors, most likely yours but possibly the LLCs, from... View More

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1 Answer | Asked in Foreclosure, Real Estate Law, Tax Law and Probate for Indiana on
Q: is there a limit on the amount of fee that can be charged to the owner of a tax sale property when claiming the surplus

by a third party/bounty hunter company?

James L. Arrasmith
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answered on Apr 18, 2024

The laws regarding tax sale property surplus funds and the fees that third-party companies can charge for assisting owners in claiming those funds vary by state and jurisdiction. Many states do have limits on the fees that can be charged, but the specifics differ.

For example:

1. In...
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1 Answer | Asked in Real Estate Law for Indiana on
Q: In indiana can a resort/campground sell deeded lots without a broker??
T. Augustus Claus
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answered on Feb 1, 2024

In Indiana, selling deeded lots typically requires involvement from a licensed real estate broker, as per state regulations. However, there may be exceptions for certain types of properties, such as resorts or campgrounds, depending on specific circumstances and local ordinances.

1 Answer | Asked in Contracts and Real Estate Law for Indiana on
Q: Can we break a 9 year "Lease With Option to Buy" contract to relocate for a current employer?
Tim Akpinar
Tim Akpinar
answered on Jan 9, 2024

An Indiana attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney to review your lease with you in detail, you could repost and add Landlord-Tenant as a category. More attorneys with insight into such matters could see your... View More

1 Answer | Asked in Real Estate Law for Indiana on
Q: Options if home purchase and less than six mths later find there is mold, water damage, etc?

My daughter purchased home in June 2023. Within a couple months, found there was mold and water damage, little to no insulation and issues w the siding. The inspector did not note any of this. Insurance is only paying a portion, and she and her husband will be out of thousands. What are her... View More

Michael Ray Smith
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Michael Ray Smith
answered on Jan 4, 2024

I'm sure you were looking for something more helpful than this, but to get an answer to your question, your daughter needs to call an attorney, preferably one who handles a lot of residential real estate matters.

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