Indiana State Supplement — Real Estate Broker Licensing Law

How to use this chapter. The national chapters of this guide teach the concepts every U.S. real estate licensee must know — agency, contracts, financing, fair housing, property ownership, math, and closing. This chapter is the Indiana overlay: the state-specific law, agency, disclosure, and regulatory rules that the Indiana portion of your licensing exam tests, and that govern your day-to-day practice as an Indiana broker. Where a national rule and an Indiana rule differ, Indiana controls in Indiana. YMYL / verify-before-you-rely notice. Real estate licensing is a "your money or your life" subject: getting a fact wrong can cost someone a license, a commission, or a lawsuit. Every dollar amount, hour count, deadline, and fee in this chapter can be changed by the legislature, the Indiana Real Estate Commission, or the Indiana Professional Licensing Agency without much notice. Wherever you see the flag [verify current with the Indiana Real Estate Commission], treat the number as an illustration of the rule, not as a guaranteed current figure. Confirm it against the Commission and the current statute/rules before you act on it or answer a client. The rules and structures below are stable; the numbers drift.

1. Who regulates real estate in Indiana

Indiana real estate licensing is administered by two bodies working together:

• The Indiana Real Estate Commission (IREC) — the policy-making and disciplinary board. The Commission adopts the administrative rules that flesh out the license law, sets education and examination requirements within the statute, approves education providers, and decides disciplinary cases against licensees. It is composed of licensed-broker members and public members appointed by the Governor. [Exact board composition and terms — verify current with the Indiana Real Estate Commission.]

• The Indiana Professional Licensing Agency (IPLA) — the umbrella state agency that provides the administrative "back office" for the Commission and for dozens of other Indiana occupational boards. IPLA processes applications, issues and renews licenses, collects fees, and maintains the licensee database. In practice, when you apply, renew, or update your license, you are dealing with IPLA acting for the Commission.

Think of it this way: the Commission makes the rules and hears the cases; IPLA runs the paperwork. Both operate under the authority of the state's professional-licensing statutes.

The two sources of Indiana real estate law

1. The License Law — Indiana Code (IC) 25-34.1. This is the statute, enacted by the Indiana General Assembly. It defines who must be licensed, what a broker and managing broker are, the agency-disclosure duties, the Real Estate Recovery Fund, prohibited conduct, and the Commission's disciplinary powers. Agency relationships specifically live in IC 25-34.1-10.

1. The Commission's rules — Title 876 of the Indiana Administrative Code (876 IAC). These are the regulations the Commission adopts to implement the statute — detailed education requirements, trust/escrow account handling, advertising rules, and standards of conduct. When the statute says "as the Commission requires," 876 IAC is usually where the requirement is spelled out.

Additional Indiana statutes outside Title 25 also govern real estate transactions and are fair game on the exam:

• IC 32-21-5 — the Seller's Residential Real Estate Disclosure law.
• IC 32-21-6 — the "psychologically affected property" statute.
• IC 6-1.1-5.5 — the Sales Disclosure Form used for property-tax assessment.
• IC 22-9.5 — the Indiana Fair Housing Act.

2. Indiana's license structure: "Broker" is the entry license

This is the single most important structural fact about Indiana, and it trips up candidates who trained on materials written for other states.

Indiana eliminated the "salesperson" license. Effective July 1, 2014, Indiana merged its old two-tier "salesperson / broker" system into a single ladder. Since then:

• Broker is the entry-level license. A new licensee in Indiana is a Broker, not a "salesperson." (In most other states, "broker" is the senior license and "salesperson" or "sales agent" is the entry rung. Indiana flipped the vocabulary — a source of constant confusion for people moving licenses across state lines.)
• Managing Broker is the senior license above Broker. A Managing Broker may operate a brokerage company and supervise other brokers.

Existing salespersons at the time of the change were transitioned to the Broker license, and existing brokers were transitioned to Managing Broker. So when you read "broker" in Indiana law today, understand it as the everyday licensee — the person other states would call a salesperson.

The affiliation requirement

An Indiana Broker cannot operate independently. A broker's license must be assigned to and held by a Managing Broker (that is, the broker practices under the supervision of a managing broker who runs the company). You may not conduct licensed real estate activity — listing, selling, leasing for others for compensation — without an active managing-broker affiliation. When you leave a company, your license is placed on inactive status until you affiliate with another managing broker. [Exact activation/transfer procedure — verify current with the Indiana Real Estate Commission.]

3. Becoming a Broker in Indiana — requirements

To be licensed as an Indiana Broker you must satisfy the requirements set by IC 25-34.1 and the Commission's rules. The structure of the pathway is stable; the numbers are the flagged parts.

a. Age and general qualifications. You must be at least the statutory minimum age (Indiana requires applicants to be adults) and of good moral character/trustworthiness. A criminal history does not automatically bar licensure but is reviewed. [Confirm minimum age and character standards — verify current with the Indiana Real Estate Commission.]

b. Pre-license education. You must complete a Commission-approved Broker pre-licensing course before sitting for the exam. Indiana's broker pre-licensing course has long been 90 hours of approved instruction. [90 hours — verify current with the Indiana Real Estate Commission.] The course must be taken through an approved provider and completed within the window the Commission allows.

c. Licensing examination. You must pass the Indiana real estate broker examination, which has a national (general) portion and a state (Indiana law) portion. The exam is delivered by the Commission's contracted testing vendor. You generally must pass both portions, and there is a time window for applying for the license after you pass. [Passing score, testing vendor, fees, and post-exam application window — verify current with the Indiana Real Estate Commission. Never rely on a quoted pass rate or cut score without confirming it.]

d. Application and background. After passing, you apply through IPLA, pay the license fee, disclose any criminal or disciplinary history, and get your license assigned to a Managing Broker to activate it. [License and application fees — verify current with the Indiana Real Estate Commission.]

Post-license education (first renewal)

Indiana requires newly licensed brokers to complete post-licensing education after they are licensed and before their first renewal — this is separate from, and in addition to, ordinary continuing education. The post-licensing requirement has been 30 hours of Commission-approved instruction to be completed within the first licensing period. [30 hours of post-licensing education, completed before the first renewal — verify current with the Indiana Real Estate Commission.] A new broker who does not complete post-licensing education on time cannot renew into active status.

Continuing education (ongoing renewals)

Indiana brokers renew on a fixed cycle and must complete continuing education (CE) each cycle to renew on active status.

• The renewal cycle has been a three-year cycle ending on a common date. [Cycle length and expiration date — verify current with the Indiana Real Estate Commission.]
• The CE requirement has been 36 hours per three-year cycle, and a portion of those hours must be mandatory core/commission-required subject matter (law updates, agency, ethics, and similar required topics), with the remainder in approved electives. [36 total CE hours per cycle, including a required core component — verify current with the Indiana Real Estate Commission.]

Missing CE means you renew inactive (or the license lapses), and you cannot practice until you cure the deficiency and reactivate. Keep your CE completion certificates; the Commission audits.

4. Managing Broker — the senior license

A Managing Broker is a broker who has qualified to supervise a brokerage and other brokers. To move up from Broker to Managing Broker you must:

• Have held an active broker license for a required period of experience [experience period — verify current with the Indiana Real Estate Commission], and
• Complete a Commission-approved Managing Broker course. This course has been 24 hours of approved instruction. [24-hour managing-broker course — verify current with the Indiana Real Estate Commission.]

Once you are a Managing Broker you may be the designated managing broker of a company, hold and supervise the licenses of affiliated brokers, and are responsible for the company's trust/escrow accounts, advertising, and the supervision of the brokers assigned to you. Supervisory failures by a managing broker are themselves a disciplinary basis — a managing broker cannot simply blame a subordinate broker for a violation the managing broker should have caught.

5. Indiana agency law and the required relationship disclosure

Indiana codifies agency relationships in IC 25-34.1-10. The exam tests this heavily, and the rules govern how you introduce yourself to every consumer.

The core agency relationships

• Seller (listing) agency — you represent the seller/landlord.
• Buyer (tenant) agency — you represent the buyer/tenant.
• Limited agency — Indiana's statutory term for what other states call dual agency: one licensee (or one company) representing both the buyer and the seller (or both landlord and tenant) in the same transaction. Because the agent cannot fully advocate for both sides at once, the agent's duties are "limited," and the arrangement is legal only with the informed written consent of both parties.
• Non-agency / customer service — providing ministerial assistance to a party you do not represent, without creating an agency relationship.

The required agency-relationship disclosure

Indiana requires a licensee to disclose in writing the agency relationship to a consumer. The purpose is that a consumer should always know whom the licensee represents before confiding information or relying on advice. Under IC 25-34.1-10 and the Commission's rules, the licensee must disclose the nature of the relationship at the appropriate point in the dealings — generally before or at the time the consumer discloses confidential information or the relationship is established. [Exact timing and form of the disclosure — verify current with the Indiana Real Estate Commission.] The essential test point: the relationship must be reduced to writing; a purely oral "understanding" is not enough for the statutory relationships.

Limited agency (Indiana's dual agency) and consent

Because limited agency puts a licensee in the middle of two clients with opposing interests, Indiana requires the informed written consent of both the seller and the buyer before the licensee (or the company) can act as a limited agent. The written consent must make clear:

• that the licensee/company represents both parties,
• that the licensee's ability to advocate for either side is therefore limited, and
• that certain confidential information will not be disclosed across the transaction — for example, the licensee will not tell the buyer the lowest price the seller will accept, and will not tell the seller the highest price the buyer will pay, without permission.

Without written consent from both sides, limited agency is prohibited. Practicing dual/limited agency without the required consent is a classic disciplinary violation.

Duties owed

To a client, an Indiana licensee owes the full agency duties — loyalty, confidentiality, disclosure of material facts, accounting, obedience to lawful instructions, and reasonable care and skill. To a customer (a party you do not represent), you owe honesty and fair dealing and disclosure of known material adverse facts about the property, but not loyalty or advocacy. Confidential information a client shares survives the transaction and generally may not be revealed even after the agency ends. [Confirm the precise statutory duty list — verify current with the Indiana Real Estate Commission.]

6. Required disclosures in Indiana transactions

a. The Seller's Residential Real Estate Sales Disclosure Form (IC 32-21-5)

Indiana law requires the seller of most residential real property to complete and deliver to a prospective buyer a Sales Disclosure (the Seller's Residential Real Estate Disclosure Form) describing the known condition of the property's major systems and components — foundation, mechanical systems, roof, water/sewer, hazardous conditions, and similar items.

Key points the exam expects:

• It applies to residential property (generally one-to-four dwelling units), with statutory exceptions (for example, certain transfers by court order, foreclosure, estate, or between co-owners/family are exempt). [Exact list of exempt transfers — verify current with the statute.]
• It is the seller's disclosure of actual knowledge — it is not a warranty and not a substitute for the buyer's own inspection. The seller must disclose defects the seller knows about; the form is not a promise that no other defects exist.
• The seller must deliver the completed disclosure to the buyer before an offer is accepted (before the parties are bound). [Confirm delivery timing — verify current with the Indiana Real Estate Commission.]
• If the seller fails to deliver it or discloses falsely, the buyer may have remedies (including, in some circumstances, the right to cancel within a statutory window). [Confirm buyer remedies/timing — verify current with the statute.]

The licensee's duty is separate from the seller's: a licensee must disclose known material adverse facts about the property to a buyer regardless of what the seller puts on the form, but the licensee is generally not required to independently investigate or warrant the condition beyond what is known.

b. Federal lead-based paint disclosure

For housing built before 1978, the federal Residential Lead-Based Paint Hazard Reduction Act (Title X) applies in Indiana just as it does nationwide: the seller/landlord must give the EPA/HUD lead pamphlet, disclose known lead-based paint and hazards, provide any records/reports, include the required disclosure and acknowledgment language in the contract, and give buyers a 10-day opportunity to conduct a lead inspection/risk assessment (a period the parties may adjust by agreement). This is federal law, tested on the national portion but enforced in Indiana transactions; the licensee shares responsibility for ensuring compliance.

c. Psychologically affected property (IC 32-21-6)

Indiana has a "stigma" / psychologically affected property statute. It provides that a seller, landlord, or licensee has no cause of action against them — and no liability — for failing to disclose that a property is or was "psychologically affected." Indiana's statute defines a psychologically affected property to include one in which, for example:

• a homicide, suicide, or felony occurred, or
• an occupant was or is infected with a disease (such as HIV/AIDS) that is highly unlikely to be transmitted through occupancy of the property.

The rule protects the licensee: you are not required to disclose these psychological "stigmas," and you are not liable for not disclosing them. Note the important limit — this shields non-disclosure of stigma; it does not license a licensee to knowingly misrepresent a fact if directly and specifically asked, and it does not override the duty to disclose actual physical, material defects. [Confirm the statutory definition and any duty to answer direct questions — verify current with the statute.]