Key Takeaways

  • Indiana agency law is governed by IC 25-34.1-10, requiring written agency agreements and proper disclosure
  • Indiana recognizes client relationships (buyer or seller agency) and customer relationships
  • The Agency Disclosure Form must be presented at first substantive contact before confidential information is shared
  • Indiana allows limited dual agency (limited representation) with informed written consent from both parties
  • Licensees must explain agency relationships using the state-required Agency Disclosure Form
Last updated: January 2026

Indiana Agency Relationships Overview

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Indiana has specific statutory requirements for agency relationships in real estate transactions under IC 25-34.1-10.

Key Indiana Agency Definitions

TermDefinition
ClientParty who has entered into a written brokerage agreement
CustomerParty receiving limited services without representation
AgencyFiduciary relationship between broker and client
Limited RepresentationIndiana's term for dual agency
Ministerial ActsRoutine acts without discretion or representation

Creating Agency Relationships

In Indiana, an agency relationship is created by:

  • Written brokerage agreement signed by both parties
  • Agreement specifying the type of representation
  • Disclosure of compensation terms
  • Acknowledgment of duties owed

Exam Tip: A verbal agreement is NOT sufficient to create a client relationship in Indiana. The relationship must be in writing.

Agency Disclosure Form

Indiana requires licensees to provide the Agency Disclosure Form:

When to Provide

SituationTiming
In-person contactAt first substantive discussion
Open houseBefore substantive discussion
Phone/online inquiryBefore sharing confidential information

Purpose of the Agency Disclosure Form

The Agency Disclosure Form explains:

  • Different types of agency relationships
  • Duties owed to clients vs. customers
  • How limited representation (dual agency) works
  • The importance of written agreements

Types of Agency Relationships

Seller Agency

When a broker represents a seller:

DutyDescription
LoyaltyPut seller's interests first
ObedienceFollow lawful instructions
DisclosureReveal all material information to seller
ConfidentialityProtect seller's private information
AccountingHandle funds properly
CareAct competently and diligently

Buyer Agency

When a broker represents a buyer:

  • Same fiduciary duties owed to buyer
  • Written buyer representation agreement required
  • Must disclose material facts to buyer
  • Cannot disclose buyer's confidential information to seller

Customer Status

A customer receives limited services:

Services AvailableDescription
Providing formsStandard contracts and documents
SchedulingAppointments and showings
Delivering documentsWithout advice or negotiation
Factual informationProperty details without opinion

Agency Disclosure Requirements

First Substantive Contact

Disclosure must occur at first meaningful contact:

  • Discussion of property specifics
  • Financial qualification discussions
  • Motivation or urgency revealed
  • Before any confidential information shared

What Must Be Disclosed

RequirementDetail
Who broker representsSeller, buyer, or both
Type of relationshipClient or customer
Duties owedFiduciary or limited
Compensation sourceWho pays the broker

Written Confirmation

Before signing a purchase agreement, Indiana requires written confirmation of agency relationships to all parties.

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Indiana Agency Relationships
Test Your Knowledge

What document must Indiana licensees provide to all prospective clients and customers?

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Test Your Knowledge

In Indiana, what is required to create a client relationship?

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