Note: This version of section amended by P.L.105-2026, SEC.12. See also following version of this section amended by P.L.115-2026, SEC.73.

1. (b) This chapter does not apply to any of the following:

   1. (1) A home warranty or similar product that covers the cost of maintenance of a major home system, such as:

      1. (A) a plumbing system;
      2. (B) a heating, cooling, and ventilation system; or

      3. (C) electrical wiring;

         for a fixed period.

   2. (2) An insurance contract.
   3. (3) An option to purchase residential real estate or a right of refusal to purchase residential real estate.

   4. (4) A declaration that is created in the formation of:

      1. (A) an association of co-owners (as defined in IC 32-25-2-2 ) for a condominium (as defined in IC 32-25-2-7 ); or

      2. (B) a homeowners association (as defined in IC 32-25.5-2-4 );

         including any amendment to the declaration.

   5. (5) A maintenance or repair agreement entered into by:

      1. (A) an association of co-owners (as defined in IC 32-25-2-2 ) for a condominium (as defined in IC 32-25-2-7 ); or
      2. (B) a homeowners association (as defined in IC 32-25.5-2-4 ).
   6. (6) A mortgage loan or a commitment to make or receive a mortgage loan.
   7. (7) A security agreement under IC 26-1 concerning the sale or rental of personal property or fixtures.

   8. (8) Providers of:

      1. (A) utility services, including water, sewer, gas, or electric service; or
      2. (B) communications service (as defined in IC 8-1-32.5-3 ).
   9. (9) A land contract (as defined in IC 24-9-2-9.5 ).
   10. (10) An attorney's lien authorized by IC 33-43-4 .

   11. (11) A statutory lien authorized by this article, including:

       1. (A) the lien of a broker company (as defined in IC 32-28-12.5-0.5 ) upon commercial real estate under IC 32-28-12.5-5 ; or
       2. (B) a mechanic's or materialman's lien under IC 32-28-3 .

   12. (12) A written agreement executed between an individual who owns residential real property and:

       1. (A) a family member of the individual;
       2. (B) the individual's attorney in fact through a power of attorney;
       3. (C) the individual's health care representative through a health care advanced directive; or

       4. (D) a guardian of the individual's person or estate;

          in which the person described in clauses (A) through (D) agrees to pay or provide for the maintenance, repair, costs, or upkeep of the residential real property. An agreement under this subdivision may grant or convey an interest in the residential real property to a person described in clauses (A) through (D) or the interest in the residential real property may be secured by a lien.

Sec. 1. (a) Except as otherwise provided in this chapter, this chapter does not apply to a residential real estate service agreement entered into before March 15, 2024.

As added by P.L.62-2024, SEC.1. Amended by P.L.105-2026, SEC.12.