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Indiana Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law for Indiana on
Q: Can a Licensed realtor hold an open house in Indiana without listing the property?

I have seen Realtors offering to host no obligation Open houses for Expired listings or For Sale by owner homes in an attempt to obtain their business. Is this legal?

0 Answers | Asked in Real Estate Law 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?

0 Answers | Asked in Real Estate Law for Indiana on
Q: did a land contract 6 years ago between family members no interest was charged and partial payments were made under

agreed price but now just want to transfer deed what should be done

0 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Indiana on
Q: If your lawyer dies before recording the wife on the title of the home and the husband dies, does the wife have rights ?

There are stepchildren, grown-up, not around and we found out the lawyer never recorded for my mother-in-law to own the house

0 Answers | Asked in Contracts and Real Estate Law for Indiana on
Q: An additional HOA fee not disclosed before, at, or after closing, was included with first HOA dues bill. What can I do?

My neighborhood is forced to pay for a nearby golf course, that we do not gain membership to, nor do we live on the same property. We are not given the option to opt out. It would seem that neighbors could vote the fee out of our governing documents, but the HOA board will not move on that fact. I... View More

0 Answers | Asked in Real Estate Law and Business Law for Indiana on
Q: We are a community governed by Indiana Code 23-7-1.1-1

We want to vote to be governed by IC 32-25.5 do we need an attorney to draw up the document or can we do ourselves

0 Answers | Asked in Real Estate Law for Indiana on
Q: An hoa We the community want to vote to be governed by IC 32-25.

We are currently governed by IC 23-7-1.1-1 we were established in 1995.

Do we need an attorney to draw up the documents

?

0 Answers | Asked in Real Estate Law for Indiana on
Q: HOA question: who owns subdivision fence and signage placed in homeowners lot?

Subdivision signage and landscaping and fence was erected by subdivision developer within a 20' landscape easement at front entrance to subdivision. The easement is within a property owners lot lines. There are no common areas or buildings or other structures in the subdivision. Maintenance... 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

0 Answers | Asked in Real Estate Law for Indiana on
Q: In indiana can a resort/campground sell deeded lots without a broker?? This plainly says resort/campground.,

Plainly says campground/resort in indiana. Dont answer back that it depends on circumstances and local ordinances……is it legal to sell deeded lots without a broker??

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.

0 Answers | Asked in Real Estate Law for Indiana on
Q: How do you get a house back from tenncare? Who do you pay?

Grandmother's aunt passed away she was in nursing home. Tenncare took the home how can I get it back to keep it in the family. I am 2 states away and grandma doesn't want to fight for it. She was on the deed until the nursing home told her she had to sign off in order for her aunt to receive care.

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.

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 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 Intellectual Property, Real Estate Law, Constitutional Law and Landlord - Tenant for Indiana on
Q: Can my ex-wife filed for immediate position of a property purchased by both of us and the property my business is on?

Me and my wife was married, divorced 5 years now but have been in a relationship during those 5years I own My own business Repairs on R.Vs The property my business is on is in my ex wifes name and now that we have went see ways shes evicting me from my business with property purchased by both of... View More

James L. Arrasmith
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answered on Aug 29, 2023

Given that your business is operating on this property, the stakes are high, and immediate legal consultation is advisable to protect your interests.

1 Answer | Asked in Real Estate Law for Indiana on
Q: can a buyer demand a sale disclosure statement on property that is owned by a trust when one of the trustees dies cont.

and a surviving trustee sales a property of the estate?

T. Augustus Claus
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answered on Aug 8, 2023

In Indiana, when a property is owned by a trust and one of the trustees dies, the specific provisions of the trust document and state law will dictate how the property is managed and whether a sale disclosure statement is required.

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