Bulletin: IN2014006

Dear Associates:

Effective July 1, 2014, the Indiana Responsible Property Transfer Law set forth in Indiana Code 13-25-3 is repealed by HEA 1005. The Indiana Responsible Property Transfer Law requires a seller to provide to purchaser and record an environmental disclosure document for properties defined in IC 13-11-2-174 as sites that are: 1) subject to reporting under Section 312 of the federal Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 11022); 2) subject to notification requirements under 42 U.S.C. 6991a and IC 13-23-1-(c)(8)(A) for underground storage tanks; or 3)  listed on the Comprehensive Environmental Response, Compensation and Liability Information System (CERCLIS).

Vendor’s and mortgagor’s affidavits in real estate transactions have customarily included a recital that the property does not fall within the definition of property under IC 13-11-2-174 for which a  disclosure document is required under the Indiana Responsible Property Transfer Law set forth at Indiana Code 13-25-3. 

As a result of the repeal of this law in HEA 1005, you should delete references and/or recitals to the Indiana Responsible Property Transfer Law in any vendor’s and mortgagor’s affidavits executed in connection with a title insurance transaction.

A copy of HEA 1005 can be found at the following link:

http://iga.in.gov/legislative/2014/bills/house/1005/#

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