Indiana guide

Indiana Agency Relationships Disclosure (IC 25-34.1-10)

In Indiana, the very first time you have a real conversation with a real estate broker about what you want to buy, they have to tell you in writing whether they represent you, the seller, or neither of you.

Reading as buyer.

TL;DR

In Indiana, the very first time you have a real conversation with a real estate broker about what you want to buy, they have to tell you in writing whether they represent you, the seller, or neither of you. You sign or initial a short agency disclosure form before they help you any further, so you know who is on your side. If the same brokerage ends up representing both you and the seller, that is called limited agency and you have to give written permission for it.

Before you start — 8 things to know

  • In Indiana, a broker must tell you in writing which agency relationship they are offering you at your first real conversation about buying a home, not later at the offer stage.

  • Indiana law calls that first real conversation the "first substantive contact," meaning the moment you start talking about your specific home-buying needs, like price range, neighborhoods, or showings.

  • You can choose to work with a buyer's agent who owes you loyalty, confidentiality, and reasonable care, meaning they have to put your interests ahead of the seller's.

  • You can also work with a transaction broker (sometimes called a facilitator), who must be honest and competent with both sides but is not your advocate and will not negotiate on your behalf.

  • If the same brokerage already represents the seller of a house you want, the agent can only represent you both as a "limited agent" if you and the seller each sign a written consent under IC 25-34.1-10-7.

  • Under limited agency in Indiana, your agent cannot push for your price position or share the seller's private motivations with you, so you lose some negotiating advocacy in exchange for keeping the deal together.

  • A verbal "sure, that's fine" is not enough for limited agency in Indiana — your written, signed consent is required before the broker can represent both sides.

  • Ask for a copy of the signed Indiana agency disclosure form for your records, because the Indiana Real Estate Commission expects brokers to keep these in their files and will discipline agents who skip them.

The timeline — step by step

  1. At your first substantive contact with a broker — usually the first meeting, first call about specific homes, or first showing — they must hand you Indiana's written agency disclosure form.

  2. Read the form carefully to see which relationship the broker is offering: buyer's agent, seller's agent, limited (dual) agent, or transaction broker.

  3. Sign or initial the Indiana agency disclosure form before the broker provides any brokerage services to you, like searching the market on your behalf or scheduling showings.

  4. If you end up interested in a property listed by your buyer's agent's own brokerage, you'll be asked to sign a separate written limited agency consent under IC 25-34.1-10-7 before they can show or negotiate it.

  5. If your representation changes mid-transaction — for example, switching from single agency to limited agency — you must sign updated written consent before the new arrangement takes effect.

  6. Keep a signed copy of every Indiana agency disclosure and consent form in your own records in case there is ever a question about who represented whom.

Common questions

When does an Indiana real estate agent have to tell me who they represent?
They must give you a written agency disclosure at the first substantive contact, which Indiana defines as the moment you start discussing your specific real estate needs — typically the first meeting, first serious phone consultation, or first time they show you property.
What's the difference between a buyer's agent and a transaction broker in Indiana?
A buyer's agent owes you loyalty, confidentiality, and reasonable care and represents only your interests, while an Indiana transaction broker (or facilitator) must be honest and competent with both sides but does not advocate for you or the seller.
What is limited agency in Indiana and do I have to agree to it?
Limited agency is Indiana's name for disclosed dual agency, where one brokerage represents both buyer and seller; it is only allowed under IC 25-34.1-10-7 if you and the seller each give informed written consent, and you can decline and choose another buyer's agent instead.
Can my agent verbally tell me they represent both sides, or does it have to be in writing?
It has to be in writing in Indiana — a verbal acknowledgment is not enough, and the broker needs your signed consent before acting as a limited agent for both buyer and seller.
What happens if my Indiana agent skips the agency disclosure?
Failing to obtain a timely written agency disclosure is one of the most common reasons the Indiana Real Estate Commission disciplines licensees under IC 25-34.1-10-10, so if it didn't happen you should ask for the form right away and keep a signed copy.

Sources

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