agency

Representation by Default (Indiana)

Under IC 25-34.1-10-9.5, an Indiana licensee represents the person the licensee is working with unless there is a written agreement to the contrary or the licensee is merely assisting a customer without compensation. The statute controls over common-law fiduciary duties. Offering or using subagency through an MLS is prohibited, so cooperating brokers usually represent the buyer. Since July 1, 2024, a written buyer agency agreement is required for buyer representation.