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Indiana Real Estate Law Questions & Answers
1 Answer | Asked in Contracts and Real Estate Law for Indiana on
Q: For Indiana, what is the legal distinction between breach of contract and fraud?

My mother signed a land contract 12/5/2015 to purchase a certain property for $50,000. The contract is now completed, all monies have been paid and she is seeking the deed. Recently my mother has accepted an offer on the sale of the home. She called the seller at this time asking him to meet her at... Read more »

Michael R. Smith
Michael R. Smith answered on Sep 8, 2019

I'm not sure this is a matter for law enforcement. This sounds more like a civil matter than criminal fraud. There might or might not be a civil tort claim for fraud, but the fact that the seller had a lawyer contact your mother makes this sound more like a case of "seller's remorse" than fraud.... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Agricultural Law and Construction Law for Indiana on
Q: Hello we bought a home from a man with a realistate licence we found 16k in mold we cannot find an attorney ti help

We will have to forcloseits if we can't find help this will ruin our family the home is a conventional 97 home ready for a single woman two kids with a cosigner the home is supposed to be habitable and it's not we cannot afford two homes we are supposed to be selling our current home but had to... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 3, 2019

If you haven't had results in finding someone through the lawyer listings of this site or through your own independent searches, you could try the Indiana State Bar Association. They have lawyer referral resources for the public. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law and Probate for Indiana on
Q: Does a small estate affidavit cover real estate in Indiana? Total assets-including real estate- is under $30,000.

Mother passed away without a will. No surviving spouse. Three adult children. All heirs agree to keep house in all three names. There are no significant debts and no mortgage. Would a small estate affidavit suffice to get the deed transferred?

William J Webster
William J Webster answered on Sep 3, 2019

Yes, if the house is only worth $30K, then you can transfer via Small Estate Affidavit. I recommend verifying the value by a 3rd party such as the assessed value provided by the County for property tax purposes or hire an appraiser.

If you have additional questions, feel free to contact...
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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Indiana on
Q: My father recently passed away. His 2nd wife is selling their house. Do any of dad's kids have any rights.

Dad and 2nd wife bought a house in Indiana and it is in both names. There was a will. She was named as executor with my sister and her daughter named as seconds. The will stated that she could stay in the house until she dies and then it was to be divided between my father's and her kids. She... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 14, 2019

You need to hire an attorney right away to review the will and the final order of distribution in the probate and possibly the order permitting the sale. It is possible she is doing wrong, but it is also possible she has decided not to stay in the house and is selling it now and the proceeds will... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Indiana on
Q: If we never signed a lease can we be sued for nonpayment of rent?

The landlord verbally agreed to certain necessary repairs which I have evidence of in text and then backed out several months after we moved in. Things like black mold and leaking roof and floor repairs. We did not sign a lease or verbally agree to a lease. We just paid the deposit and first... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 26, 2019

Unless you pay all the rent you owe the landlord COULD try to sue you--in small claims court. If I were you I would concentrate on moving out ASAP, and not worry about the landlord being unhappy. The outrageous problems you have suffered are more than sufficient to defeat any legal claim for rent... Read more »

1 Answer | Asked in Real Estate Law, Banking and Business Law for Indiana on
Q: Offer on home in Indiana. The seller won't sell unless the buyer of my home has a local mortgage lender. Is it legal?

I already have a signed contract from a buyer to purchase my home in Michigan. I can understand them requiring the purchaser of their home to have a local lender or whatever they want because it is their home. It doesn't seem to me like they have the right to infringe on my home sale.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 18, 2019

This question does not make sense.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Indiana on
Q: Does a landlord have to give u a written eviction notice and does he have to give u 30 daya to get out?
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jun 20, 2019

If your landlord seeks to evict you they will have to serve you the petition to the court. This is usually served by the local Sheriff and is affixed to the property or served personally.

The amount of time you remain in the property is entirely set by the court. There is no '30 days to get...
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1 Answer | Asked in Real Estate Law for Indiana on
Q: How long does a land lord have to give u for a eviction
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jun 20, 2019

A landlord can move for eviction as soon as you are in violation of the lease agreement. This can be for many reasons but the most common reason for a landlord to file for an eviction is due to late rent. In Indiana a landlord has to post a notice to quit premises or pay giving the renter 10 days... Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Indiana on
Q: My grandmother left in her will, her house to her son and disabled daughter. There was no stipulation for survivorship.

My dad passed first, then my aunt a few years later. They never transfered the deed after probate and neither had a will. She had no children or spouse. My dad was divorced with 4 children. We are at a loss as to how to deed the house in one or all of our names. We are in Indiana.

Kenneth V Zichi
Kenneth V Zichi answered on Jun 19, 2019

This is likely a 'multistep' process -- was Grandmother's estate probated? But the deed was never given during the probate? You will need to reopen the estate and get the deed from Grandmother's name to the appropriate parties. Likely that deed will need to be 'tenants in common' which means that... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Indiana on
Q: The agency asked for a 1-y renewal 9m ahead. Can I cancel the contract, 2.5m ahead of the new lease starting date

I have been a tenant for 2 years in this house. I was not planning to buy a house soon, so I agreed to renew my lease when the agency asked for signing a renewal in Nov 2018. Meanwhile, an opportunity arose to buy a house and I promptly gave notice to the agency that I was planning to leave by July... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 8, 2019

If the new lease you signed in November does not start until July 25, signing the release agreement NOW will give the landlord almost 3 months to find a new tenant. The case law requires all landlords to make a reasonable effort to locate a new tenant in order to "mitigate" their "losses." If they... Read more »

2 Answers | Asked in Contracts, Family Law, Real Estate Law and Landlord - Tenant for Indiana on
Q: My abuser is living at my apartment and won't leave. He isn't on the lease so how can I get him out of there?

This is a domestic violence situation. My landlord wants to evict me because of the situation.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 7, 2019

Wait until he goes out for something he needs and then change the locks.

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1 Answer | Asked in Real Estate Law for Indiana on
Q: My landlord is selling the house and we just resigned the lease what are my options ? Will I need to move out ?

When the new owners take possession? I’m not late never have been .

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Apr 30, 2019

If your landlord has sold the house, you will have to sign a new lease with the new owners since your original lease agreement is with the previous owner. If the new owners do not wish to keep you in the house they will not sign a new lease agreement with you and you will be forced to leave if you... Read more »

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Indiana on
Q: Was living in the house rent free so people wouldn't destroy it house was sold without my knowledge

Buyer asked me move right away how much time does he have to give me

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 9, 2019

Whatever "free rent" agreement you had with the seller disappeared the instant the buyer acquired the house. So as far as the buyer is concerned you have no legal right to remain in the house; this also means the new owner has no obligation to give you any time to get out. Your best bet is to be... Read more »

2 Answers | Asked in Real Estate Law for Indiana on
Q: Seller refusing to close after signing purchase agreement. Any legal options to close the sale per agreement?

I completed a purchase agreement with a private seller to purchase an empty lot of land in Indianapolis. All of the title work is complete and checks out, but the seller cancelled the day of the closing. They have since been avoiding our calls and stalling for the last few months.

The... Read more »

Roland B Wilson III
Roland B Wilson III answered on Mar 26, 2019

Unless there is liquidated damages written in the contract, the only recourse you have is to recover any earnest money that you put down when you made the offer.

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2 Answers | Asked in Real Estate Law for Indiana on
Q: How long do you have to give a squatter before you get them out of your home

We have a niece that has lived in our home for11months and doesn't pay to live there ask to leave and will not

Roland B Wilson III
Roland B Wilson III answered on Feb 24, 2019

This really depends on the state. Each state has different requirements.

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2 Answers | Asked in Foreclosure and Real Estate Law for Indiana on
Q: Buying a home on contract in Indy but seller lives out of state. Am I bound by seller's state laws or mine?

I am behind on payments and the seller wants to enforce foreclosure laws of their state. They were included in our contract.

Roland B Wilson III
Roland B Wilson III answered on Feb 24, 2019

You are bound by the laws where the property is located.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Q: My tenant went to jail and will be there for awhile. Before he went I gave notice that I wasn't renewing the lease.

Now the lease is up, his belongings are still there, his significant other is complaining about not getting a 30 day notice (they got a pay or quit notice with 10 days. No rent was paid for January, and I have agreed to keep the sec. dep. as rent for January. She is insisting I still owe her 15... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 7, 2019

Once they have vacated the property you have 45 days to give them an itemized invoice for any damages they have caused or bills owed otherwise they are entitled to the security deposit to be returned. You need to follow the letter of the law or it could come back to harm you in the future.... Read more »

1 Answer | Asked in Civil Rights, Construction Law, Land Use & Zoning and Real Estate Law for Indiana on
Q: are electricity bill is $629.00 and our house is still freezing and the land Lord is a jerk no ceiling in the bathroom

and you can see light through the roof do we have any options my husband is on ssd

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jan 14, 2019

It does not sound like your heating works. Either that or your house is uninhabitable. Landlords have a duty to provide you with a safe and habitable living space. Notify your landlord, in writing (keep a copy for yourself), via certified mail of all the issues with the house and inform your... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Indiana on
Q: I reside in Indiana. If they raise rent and I inquire why, do they have to respond?

My landlord raises my rent each year (within the legalities of the lease). His reasonings are due to a rise in operating costs. I asked him to explain what these operating costs are in detail before I agree to signing a new lease (3 months from now). Is he required to inform me why my rent is... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jan 10, 2019

Your landlord is not required to explain why he is raising rent. If you believe that the rent increase is too high this is something you can bring to his attention and attempt to negotiate him down.

1 Answer | Asked in Intellectual Property and Real Estate Law for Indiana on
Q: I am listed with my brothers on property ET AL One is now deceased

We are only three on deed of property our father resided until his passing. One brother also died 15 years prior to my father. Now my remaining brother and I want to sell property. Will we be required to give a death certificate or other documents to transfer property to new owner? And would... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jan 8, 2019

Assuming that you owned the property jointly with rights of survivorship with your brothers, once your first brother passed away, his interest automatically transferred to the survivors (you and your other brother). If this is the case, you can take the deceased brother's name off the property with... Read more »

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