CHAPTER 6. PSYCHOLOGICALLY AFFECTED PROPERTIES
IC 32-21-6
Chapter 6. Psychologically Affected Properties
IC 32-21-6-1
"Agent" defined
Sec. 1. As used in this chapter, "agent" means a real estate agent
or other person acting on behalf of the owner or transferee of real
estate or acting as a limited agent.
As added by P.L.2-2002, SEC.6.
IC 32-21-6-2
"Limited agent" defined
Sec. 2. As used in this chapter, "limited agent" means an agent
who, with the written and informed consent of all parties to a real
estate transaction, is engaged by both the seller and buyer or both the
landlord and tenant.
As added by P.L.2-2002, SEC.6.
IC 32-21-6-3
"Psychologically affected property" defined
Sec. 3. As used in this chapter, "psychologically affected
property" includes real estate or a dwelling that is for sale, rent, or
lease and to which one (1) or more of the following facts or a
reasonable suspicion of facts apply:
(1) That an occupant of the property was afflicted with or died
from a disease related to the human immunodeficiency virus
(HIV).
(2) That an individual died on the property.
(3) That the property was the site of:
(A) a felony under IC 35;
(B) criminal gang (as defined in IC 35-45-9-1) activity;
(C) the discharge of a firearm involving a law enforcement
officer while engaged in the officer's official duties; or
(D) the illegal manufacture or distribution of a controlled
substance.
As added by P.L.2-2002, SEC.6.
IC 32-21-6-4
"Transferee" defined
Sec. 4. As used in this chapter, "transferee" means a purchaser,
tenant, lessee, prospective purchaser, prospective tenant, or
prospective lessee of the real estate or dwelling.
As added by P.L.2-2002, SEC.6.
IC 32-21-6-5
Disclosure not required
Sec. 5. An owner or agent is not required to disclose to a
transferee any knowledge of a psychologically affected property in
a real estate transaction.
As added by P.L.2-2002, SEC.6.
IC 32-21-6-6
Refusal to disclose; misrepresentation
Sec. 6. An owner or agent is not liable for the refusal to disclose
to a transferee:
(1) that a dwelling or real estate is a psychologically affected
property; or
(2) details concerning the psychologically affected nature of the
dwelling or real estate.
However, an owner or agent may not intentionally misrepresent a
fact concerning a psychologically affected property in response to a
direct inquiry from a transferee.
As added by P.L.2-2002, SEC.6.