Indiana Real Estate Law Questions & Answers

Q: Buying a house on contract - Can seller make buyer responsible for property tax at the time of the sale?

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Oct 17, 2017

The Contract will govern that answer.
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Q: If I took my name off of the deed can my mom legally not let us live there and sell the house?

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Sep 30, 2017

I’d you had voluntarily removed your name from the deed then you seemingly chose to transfer power over the real estate from yourself to another.
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Q: I am 17 and want to buy a house BUT have no way to start. I have no credit or any training to know how to start. Help!!

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Sep 15, 2017

Generally, minors cannot enter into binding contracts, so you will probably have to wait until you're 18 to try to buy a house. Banks and mortgage companies won't deal with you for that reason alone, not to mention your lack of good credit. Gaining a good credit history takes time. You'll need to hold a job continuously for a period of years, borrow and timely repay some loans, things like this. Rent payment history also helps, so you should probably plan on renting a place to live until you've...
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Q: If I bought a house on land contract am I able to get out of it?

1 Answer | Asked in Contracts and Real Estate Law for Indiana on
Answered on Sep 2, 2017

Whether or not you'd be able to get out of the contract is going to depend on the terms of your contract. Without that, it is impossible to say. Consult with a real estate attorney in your area to review your contract.
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Q: I was given a 15 day notice to vacate. I am not able to move in that timeframe. Can I be forced to leave that day.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Answered on Aug 25, 2017

Unless this is a court ordered eviction, no, you do not have to leave that day. Notices to quit or vacate are usually posted by the landlord to force the tenant to pay up or make their rent current or leave the premises. If this is a court order, then yes, you do have to leave within that time frame.
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Q: sold a house while out of state and new owner wont let us retreive our possessions

1 Answer | Asked in Civil Rights, Small Claims and Real Estate Law for Indiana on
Answered on Aug 14, 2017

The description given is unclear. You SOLD a house, but left items inside it, after the sale? Was there anything put in writing about that? For how long were the items there?

You could either have a criminal case against them, or a civil case, but without any agreement, I have never heard of this set of facts. These facts are not clear enough to sort it out.

But, if my things were missing, I'd get a lawyer in that jurisdiction, and not post a message online.
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Q: I have been renting my house to the same people for five years .We have not had a lease for 4 years I want to sell

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Answered on Aug 9, 2017

Under most, if not all, states' laws, your tenants are month-to-month tenants. This most likely means that you can terminate the lease upon giving them 30 days' notice in writing. As for showing the house, it sounds like they are good tenants and easy to get along with, so you can probably just work that out with them. Tell them that you may need to get in the house on short notice and work something out with them where they can either be there or just be ok with the knowledge that you'll be...
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Q: We are joint owners in common. By heirs does that mean his children or wife or both his children are by his first wife t

1 Answer | Asked in Real Estate Law and Probate for Indiana on
Answered on Aug 9, 2017

I'm assuming we are continuing from the previous question you posted. Since you owned the property jointly in common then the property will go to his heirs. Since your brother died without a will he is said to have died intestate (without a will). Under Indiana's intestacy laws, everything the deceased person owns goes to their spouse first, unless the deceased person had children. In that case, it is a 50/50 split between the spouse and the children.

This means that simply put, the...
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Q: Can repairs be removed from commercial property at the end of the lease

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Answered on Aug 8, 2017

I think there may be an issue of terms here. Repairs are not something that are removable. If there the roof leaked and you made repairs to stop the leaking you cannot take the patch out or remove the shingles and take them with you. If a window broke during your time at the property and the lease ends you cannot take the window with you.

I believe you may be asking about fixtures: property, furniture or equipment attached to the land or real estate. The answer will depend on the terms...
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Q: We live in Indiana have a property that is in me my sister and brothers name. My brother passed away in nov 2016 does

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Aug 8, 2017

Good question. The answer depends on how the property was owned. If you owned the property jointly with rights of survivorship then the property automatically goes to you as you have rights of survivorship. You survived your brother and you now get his interest. If you were merely joint owners in common then his interest is distributed to his heirs, whether that be determined by his will or by Indiana's intestate laws.
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Q: If I, the buyer, am writing an offer for a FSBO with sold "AS IS" can I have property inspected?

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Aug 6, 2017

You certainly can try; however, to dispense with the issue why not conduct all of your inspections now before you sign contracts? This way if you don't like what you see, you simply walk away.
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Q: Living in deceased parents home since 2010. Sister is executor of mortgage does she still have power of attorney

1 Answer | Asked in Real Estate Law and Probate for Indiana on
Answered on Jul 30, 2017

You're using terms that don't make any sense in this context. A person can be the executor of an estate. This happens after the person passes away and the probate process begins. The executor is in charge of the estate. The probate process passes along the former living's assets, including real property like your parents' home. Unless there is some extreme litigation, the estate is most likely closed at this point. Someone owns the home and if it's not you, you should find out.

Power of...
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Q: We bought a home on land contract registered at courthouse. Our contract expired. Can seller make us leave?

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Indiana on
Answered on Jul 17, 2017

This does not sound like a land contract at all. If you had a land contract at the end of the contract you should have received the title to the home and land, especially if as you say you never missed a payment or been late. If the land contract expired and you are still paying this person money you are essentially tenants.

I highly recommend finding an attorney to review the initial land contract. Either you are mistaken to the arrangement you had, the seller is mistaken to the...
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Q: A company approached me to buy my 1 week time share , out of Chicago area not sure I can trust them

1 Answer | Asked in International Law, Consumer Law and Real Estate Law for Indiana on
Answered on Jul 6, 2017

Sounds like a brand new variant of a popular scam. Check them out in full before paying anything.
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Q: Can I be sued if I don't pay bills at an apartment I dont live in even though my name is on the lease?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Answered on Jun 21, 2017

Yes you can. If your name is on the lease you can be liable for the rent, the utilities and other incidental costs. Moving does not cancel your obligations. Get your name off of the lease if you want to stop being responsible for the bills.
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Q: My parents passed away 5 & 6 years ago. My oldest brother lives in the house.

1 Answer | Asked in Real Estate Law for Indiana on
Answered on May 29, 2017

If the house is not in your name you do not own the house. If you do not own the house you are not responsible for paying the taxes or the utility bills. If you do own the house and you are on title then you should be concerned if the taxes are not paid.
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Q: My lease is up mid August and I am behind in rent. The landlord is trying to force me to pay double the rent amt. Legal?

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law for Indiana on
Answered on May 11, 2017

It sounds like your landlord is attempting to avoid eviction with you by renegotiating your lease agreement, which is perfectly legal. You are under no obligation to agree to her new terms. If you do not agree to her new terms she must still honor your lease agreement have to evict you.

However, having an eviction on your record can be a black mark that makes other landlords uncomfortable to rent to you. If you want to stay in the house, negotiate with your landlord.

As for the...
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Q: If I paid a rent deposit, is the landlord obligated to return the interest from deposit after a few years?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Answered on May 4, 2017

No. Indiana doesn't require a landlord to return interest from the deposit.
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Q: As a renter, am I responsible for flood water clean up. If foundation is cracked can my lease be in void?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Answered on May 2, 2017

It is very unlikely that as a renter you would be responsible for flood water clean up. Except explicitly stated otherwise in a rental agreement, landlords are almost always in charge of repairs.

Landlords have a duty to provide a safe and habitable living space for the tenants. Having a cracked foundation is not safe. If the landlord takes no action to fix it you may have cause to break your lease.

I suggest you consult with a local landlord/tenant attorney in your area to...
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Q: We have a signed purchase agreement with a FSBO home. The owner did not show up to closing and will not respond?

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Apr 23, 2017

If you have a fully signed contract and you have satisfied all of your conditions that will allow for you to close, you could, if you have the financial inclination to do so, file a Notice of Pendency coupled with an action for Specific Performance to force her to sell you the real estate.
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