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Indiana Contracts Questions & Answers
1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Indiana on
Q: Can I sublease a house in Indiana against lease terms?

Can I legally sublease my house in Leo, Indiana, at my renter's request, even though the lease agreement prohibits subleasing? My tenant wants to leave the country for 6 months and prefers that I sublease the property during their absence. What are my legal obligations and potential consequences?

James L. Arrasmith
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answered on Apr 11, 2025

ChatGPT said:

​In Indiana, subleasing is governed primarily by the terms of the lease agreement, as state law does not specifically grant tenants the right to sublet. If your lease explicitly prohibits subleasing, then proceeding with a sublease would constitute a breach of contract. This...
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2 Answers | Asked in Civil Litigation, Personal Injury and Contracts for Indiana on
Q: Should I sue a contractor for improper furnace installation leading to health issues?

In January 2017, we had a furnace installed, but in November 2017, the duct board fell and burned due to improper installation. My wife inhaled smoke from this incident, which we suspect may have contributed to her developing an autoimmune disease, as toxic fumes are known causes. Although no... View More

Charles Candiano
Charles Candiano
answered on Apr 4, 2025

I am not an HVAC contractor, but I don't understand how improperly installed ductwork could possibly cause a fire. If that happened, the installer would almost certainly file a third-party action against the manufacturer, thereby minimally tripling the cost of any suit. Beyond that, you... View More

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1 Answer | Asked in Construction Law, Contracts and Real Estate Law for Indiana on
Q: Do I have rights to a cabin built on my property by my in-laws?

My in-laws paid to have a cabin built on my property, but there was no written agreement regarding its ownership. My name is on the building permits, and my in-laws did not specify any conditions about ownership when they paid for the construction. Do I have rights to the cabin?

James L. Arrasmith
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answered on Apr 11, 2025

That’s a tricky situation, but you’re right to want clarity—especially since it involves family and property. In Indiana, anything permanently affixed to the land, like a cabin, is generally considered part of the real estate. Since the land is in your name and the building permits are under... View More

1 Answer | Asked in Consumer Law, Contracts, Estate Planning and Banking for Indiana on
Q: How do I get an old, non-valid lien removed from my home's title record?

The lien was added to my home's title by First Indiana Bank (Sept, 2004) for a mortgage consolidation loan offer I had signed. I subsequently rescinded that same offer within the legal 72 hour window allowed.

First Indiana Bank no longer exists. It was first absorbed in a merger (in... View More

Anthony M. Avery
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answered on Jan 7, 2025

Hire an IN attorney to file a quiet title action. Start trying to find out what Bank bought your lienor out.

1 Answer | Asked in Contracts, Internet Law, Social Security and Stockbroker Fraud for Indiana on
Q: Hi my stock broker have been bought, and who bought said don't have my info,
James L. Arrasmith
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answered on Dec 26, 2024

Your situation with the stock broker being acquired sounds concerning. It's crucial to maintain access to your investments and account information during ownership transitions.

The first step is to contact your broker's previous office directly to confirm the acquisition and get...
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2 Answers | Asked in Bankruptcy, Consumer Law and Contracts for Indiana on
Q: If you got a ppp loan ad the government is now coming to collect should you turn yourself in or can you contact someone

make arrangements to pay?

Jonathan David Warner
Jonathan David Warner
answered on Oct 26, 2024

If you obtained a PPP loan and the government is looking to be paid back, then one of two things happened: (a) you did not apply for PPP Loan Forgiveness or (b) the government thinks that the loan was wrongfully obtained. It could also be that this is an EIDL Loan, as opposed to one that was... View More

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1 Answer | Asked in Contracts, Personal Injury and Workers' Compensation for Indiana on
Q: dr refuses to fill out fmla paperwork without another appointment. she talked to me on the phone and was very rude.
Charles Candiano
Charles Candiano
answered on Sep 20, 2024

Many people are rude. Many doctors are rude and many lawyers are rude. When they are rude, you don't sue them, you avoid them. In your case, you know that your doctor is morally and legally obligated to "fill out your FMLA paperwork" which means that one of their support staff... View More

1 Answer | Asked in Contracts for Indiana on
Q: Can I Sue a company for not following company policy ? And if so what kind of lawyer do I need ?
Tim Akpinar
Tim Akpinar
answered on Sep 8, 2024

An Indiana attorney could advise best, but your question remains open for two weeks. Based on the limited facts, it's difficult to advise meaningfully. The short answer is usually, "Yes, you could always sue." But maybe reviewing your matter with an Indiana attorney could be more... 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 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 Small Claims for Indiana on
Q: If someone wants to borrow money & OFFERS an interest rate higher than state max, can I accept it w/o usury concerns?

Indiana State max interest on loans is 21% per annum, but I would not be stipulating, requiring, or requesting the interest. I would strictly be accepting an offer made voluntarily. For example, someone wants to borrow $100 for a week and offers to repay $110. Can I accept this without running... View More

T. Augustus Claus
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answered on Jan 3, 2024

In Indiana, the maximum allowable interest rate on loans is regulated by state usury laws, and exceeding these limits can result in legal consequences. While state law may set a maximum interest rate, it's generally applicable to contractual agreements. If the borrower voluntarily offers a... 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 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 Consumer Law, Contracts and Banking for Indiana on
Q: Can lender file for lost title or duplicate title after selling car to insurance company and accepting payment for acv

Lender sent title to insurance company I then bought it back from insurance company for salvage price insurance company sent me my title with lien holder release of lien

James L. Arrasmith
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answered on Nov 12, 2023

In Indiana, once a lender sells a car to an insurance company and receives payment for the actual cash value (ACV), they generally lose their rights to the vehicle, including any claims to its title. If you have bought the car back from the insurance company at a salvage price and received the... View More

1 Answer | Asked in Consumer Law, Contracts and Criminal Law for Indiana on
Q: Can a dealer file for lost title after accepting payoff amount from total loss insurance claim
James L. Arrasmith
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answered on Nov 12, 2023

In Indiana, once a dealer accepts the payoff amount from a total loss insurance claim, their rights to the vehicle, including the title, are typically relinquished.

This means that the dealer should not file for a lost title if they have already settled the claim with the insurance...
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1 Answer | Asked in Contracts, Criminal Law and Constitutional Law for Indiana on
Q: How can South Dakota charge me with stealing a motorcycle when I purchase it in Indiana and have sales receipt

My husband purchased a used Harley from a woman in Indiana. When you give him the title, he noticed the woman’s name wasn’t it wasn’t titled in her name she had signed on as a purchaser, but never sent it in and title it in her name when I asked her about that she explained that she had power... View More

James L. Arrasmith
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answered on Nov 7, 2023

If the motorcycle was reported stolen in South Dakota, authorities there have jurisdiction to press charges if the vehicle is found within their state, regardless of any sales receipt you possess from Indiana. The concept of 'title jumping' refers to the act of selling a vehicle without... View More

1 Answer | Asked in Contracts, Employment Law and Tax Law for Indiana on
Q: when bringing on a new hire is ADHD a disabled status?

Part of the pre application questionnaire, does the hire fall under disabled

T. Augustus Claus
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answered on Nov 2, 2023

Yes, ADHD is a disability under the Americans with Disabilities Act (ADA). The ADA defines a disability as a physical or mental impairment substantially limiting one or more major life activities.

If the hire indicates that they have a disability, you are then required to provide reasonable...
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1 Answer | Asked in Contracts for Indiana on
Q: If I get a storage unit under false pretenses thinking that is a secure facility and my things get taken can I sue them

I got a storage unit under full pretenses thinking that they were a secure facility with cameras and a gated facility like they claimed on their website and what they told me and then my things get stolen because there's no security and no cameras for footage can I sue them?

James L. Arrasmith
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answered on Nov 8, 2023

If the storage facility misrepresented the security measures in place, and that misrepresentation was a significant factor in your decision to rent a unit there, you might have grounds for a lawsuit based on false advertising or breach of contract.

The success of such a claim would depend...
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1 Answer | Asked in Contracts, Business Law, Civil Litigation and Legal Malpractice for Indiana on
Q: Lawyer violated rules conduct terribly with doc. Evid., commision denied the claim an did not act what should do next?!?

Had proof, they admitted the act in email, withdrew early and falsified the reasoning to the courts. But lied to me, made huge mistakes, acted without competence or diligence to the point of me have to help them and tell them how to do things. Confronted firm multiple times of actions but was... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 28, 2023

Of the many items you list as error, some may lead to a legal malpractice claim. Consult with experienced Legal Malpractice specialists attorneys in the state where this occurred.

1 Answer | Asked in Construction Law and Contracts for Indiana on
Q: Under common law does Indiana recognize UCC 1-207 ?
John Michael Frick
John Michael Frick
answered on Sep 10, 2023

Indiana statutorily adopted the UCC. UCC 1.207 is IN Code 26-1-1-207: https://law.justia.com/codes/indiana/2022/title-26/article-1/chapter-1/section-26-1-1-207/

The UCC is statutory law, not common law, although many of its provisions originated from the common law of merchants

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