Guides / Buyer-Agent Agreements / Indiana

Buyer-Agent Agreements in Indiana

Indiana is NOT a pure "NAR settlement / MLS-rule-only" state like New York. It passed its own independent state statute, House Enrolled Act 1068, signed by Governor Eric Holcomb on March 11, 2024 and effective July 1, 2024 — about six weeks before the national NAR settlement's practice changes took effect nationally on August 17, 2024. HEA 1068 added Indiana Code § 25-34.1-12, requiring ALL Indiana real estate licensees (not just NAR/REALTOR members, and regardless of MLS participation) to formalize both listing and buyer/tenant agency relationships in a written agreement. In 2025, House Enrolled Act 1347 (effective July 1, 2025) amended and extended these requirements explicitly to lease-representation agreements as well, and made other unrelated broker-licensing changes (managing broker exam requirement, mandatory CE audits, trust account rules, updated residential disclosure form). So Indiana's requirement is grounded in binding state statute (IC 25-34.1-12), enforced by the Indiana Real Estate Commission/Professional Licensing Agency, layered on top of (and predating) the separate national NAR settlement MLS Participant Rule that also applies to MLS-participating brokers.

House Enrolled Act 1068 (2024), Public Law 47-2024, codified at Indiana Code § 25-34.1-12 (as amended by House Enrolled Act 1347 (2025), effective July 1, 2025) — effective July 1, 2024 (original HEA 1068); amendments from HEA 1347 effective July 1, 2025

Requirements

Agreement must be in writing (paper or electronic format) — oral buyer agency agreements are not legally sufficient in Indiana
The written agreement must state a definite/fixed date of expiration (open-ended agreements are not permitted)
Compensation must be stated in a non-open-ended, objectively ascertainable way (e.g., a flat fee or percentage of sale price) — it cannot be expressed as contingent on or 'based on an offer from the seller,' and services cannot be implied to be free
Agreement generally must be executed before the broker begins substantively negotiating on behalf of, or showing property to, the buyer
The broker must deliver one copy of the signed agreement to the buyer or tenant within three business days of signing, and must retain the original plus all electronic copies in the broker's office
Applies to all Indiana-licensed real estate brokers (both REALTOR/NAR members and non-members) for both residential and commercial buyer/tenant representation, and (as of the July 1, 2025 HEA 1347 amendment) to lease-representation agreements as well as sales

Facts on this page reflect research current as of 2026-07-05. Programs, rates, and laws change — confirm current figures with the relevant state agency before relying on them.

Related Resources

Down Payment Assistance in Indiana Property Taxes in Indiana Transfer Tax & Closing Costs in Indiana Seller Disclosure Laws in Indiana Find Agents in Indiana Commission Calculator