Indiana Real Estate Commission Overview

The Indiana Real Estate Commission

Overview of Regulation and Licensing

  • The Professional Licensing Agency (PLA) manages licensing for various industries, including real estate.

  • The Indiana Real Estate Commission oversees real estate licensees, imposing requirements and fees.

Composition of the Indiana Real Estate Commission (Title 9-1-2)

  • Members of the Commission:

    • Nine district members:

    • Elected from each congressional district.

    • Must have lived in their district for at least one year.

    • Must have been a licensed broker for at least five years.

    • One member at large:

    • Must be a resident of Indiana.

    • Represents the general public.

    • Must have been a licensed broker for at least five years.

    • Two citizen members at large:

    • Must be Indiana residents.

    • Represent the general public.

    • May not have been associated with the real estate business, other than as a consumer.

  • Appointment and Term:

    • All members are appointed by the Governor for a four-year term.

    • If a vacancy occurs, a new appointee serves the unexpired term.

  • Restrictions:

    • Members may not hold state or federal elective office.

Operations of the Real Estate Commission

  • Leadership:

    • Elects a chairman and vice-chairman annually (both serve limited consecutive terms).

    • The PLA provides an Executive Director, serving in an administrative capacity without voting rights.

  • Duties of the Executive Director:

    • Schedule meetings as directed by the chairman.

    • Maintain records of meetings, votes, and proceedings.

    • Manage licensure files for current licensees.

  • Meetings and Quorum:

    • A majority of current members is required for a quorum to conduct business.

    • Decisions require a majority vote of members present.

  • Compensation:

    • Members receive minimum salary and per diem.

    • Reimbursement for travel and other expenses sourced from the state general fund.

General Powers and Duties of the Commission

  • Administrative Responsibilities:

    • Administer and enforce license law and regulations.

    • Issue, deny, suspend, and revoke licenses.

    • Investigate complaints and conduct public hearings.

    • Bring lawsuits if necessary.

    • Oversee surety bonds for real estate schools.

    • Monitor compliance with the Investigative Fund, established to investigate fraud with a fee not exceeding $20 leveled on brokers.

  • Rules and Form Development:

    • Adopt rules, forms, and create standards for competent practice.

Licensing Requirements

  • General License Requirement:

    • No person may engage in real estate activities in Indiana without a license.

  • Exemptions to Licensing:

    • Attorneys practicing law (not brokerage).

    • Elected officials.

    • Individuals acting under court orders (executors, trustees).

    • Rentals for less than 30 days (hotels, motels, B&Bs).

    • Employees of licensed brokers renting residential apartments.

    • Broker-to-broker referrals for a fee.

    • Property owners engaging in their own transactions, assuming they are licensed.

    • Employees of property owners (e.g., builders selling properties).

    • Licensed auctioneers selling real estate at auction.

  • Broker's License Requirements:

    • Age: Must be at least 18 years old.

    • Criminal Background: No convictions that impact practice capability or endanger public safety.

    • Education: High school diploma or GED required.

    • Course Completion: Successfully complete an approved broker course.

    • Examination: Pass the state-administered licensing exam within one year of course completion.

  • Application Process:

    • Within one year post-exam, submit application, proof of course completion, proof of exam passage, and fees.

  • Partnership, Corporate, and LLC Licenses:

    • Partnerships must have licensed partners and employ licensed brokers.

    • Corporations need a managing broker licensed in Indiana.

    • Limited liability companies follow similar routes based on whether managed by members or designated managers.

    • Expiration cycle aligns with individual licenses (three-year renewal).

Specific Licensing Scenarios

  • Death or Revocation of Key Personnel:

    • License of partnerships, corporations, or LLCs terminates upon death or revocation of licenses of certain key individuals.

  • Post-Licensing Education:

    • Brokers must complete 30 hours within two years after being licensed.

  • Non-resident Licensing:

    • Nonresidents must file consent to jurisdiction and comply with Indiana's laws.

    • Reciprocity may apply if the other jurisdiction grants similar privileges.

Continuing Education Requirements

  • Requirement for Licensees:

    • All licensed brokers must complete at least 12 hours of continuing education annually, unless granted an inactive license or in referral status.

    • Managing brokers must include four hours focusing on business management and legal knowledge.

Real Estate Recovery Fund

  • Purpose and Funding:

    • Operational since January 1, 1988, aims to protect the public against financial misconduct by licensees. Fund managed by the Real Estate Commission.

    • Fund initially established by licensees contributing an additional $15.00 upon renewal/first issuance.

  • Funding Levels:

    • Minimum level: $450,000.

    • Optimum level: $600,000.

    • Maximum level: $750,000.

    • Fails to maintain will lead to assessments on licensees, while exceeding max results in deposits to the state general fund.

  • Claim Process:

    • Public members can seek relief for monetary damages up to $20,000 per incident, with an aggregate cap of $50,000 per licensee.

    • Necessary conditions include the act being performed while licensed.

Residential Real Estate Sales Disclosures

  • Scope: Applicable to residential transactions involving up to four dwelling units. Exemptions apply to certain transactions ordered by court, initial sales of uninhabited dwellings, and various personal transactions.

  • Disclosure Requirements:

    • Must disclose conditions affecting value, safety, and life of the premises. Owners must utilize a form approved by the commission before offers are accepted.

    • Disclosures do not serve as warranties and must be delivered accurately based on the owner’s knowledge.