Ind. Code ch. 35-43-6

Ind. Code ch. 35-43-6
in effect

Ind. Code § 35-43-6-1 Application of chapter

Sec. 1. This chapter applies only to residential property, which means real property used in whole or in part as a dwelling by a consumer and includes all fixtures to, structures on, and improvements to the real property. As added by P.L.251-1987, SEC.4.

Ind. Code § 35-43-6-2 "Consumer" defined

Sec. 2. As used in the chapter, "consumer" means an individual who owns, leases, or rents the residential property that is the subject of a home improvement contract. As added by P.L.251-1987, SEC.4.

Ind. Code § 35-43-6-3 "Home improvement" defined

Sec. 3. As used in this chapter, "home improvement" means any alteration, repair, or other modification of residential property. However, this chapter does not apply to the original construction of a dwelling. As added by P.L.251-1987, SEC.4.

Ind. Code § 35-43-6-4 "Home improvement contract" defined

Sec. 4. As used in this chapter, "home improvement contract" means an oral or written agreement between a home improvement supplier and a consumer to make a home improvement and for which the contract price exceeds one hundred fifty dollars ($150). Multiple contracts entered into by a home improvement supplier with a consumer are considered a home improvement contract for the purposes of this chapter if the multiple contracts arise from the same transaction. As added by P.L.251-1987, SEC.4.

Ind. Code § 35-43-6-5 "Home improvement contract price" defined

Sec. 5. As used in this chapter, "home improvement contract price" means the amount actually charged for the services, materials, and work to be performed under the home improvement contract but does not include financing costs, loan consolidation amounts, taxes, and governmental fees paid by or on behalf of the consumer, amounts returned to or on behalf of the consumer, or similar costs not related to the home improvement. As added by P.L.251-1987, SEC.4.

Ind. Code § 35-43-6-6 "Home improvement supplier" defined

Sec. 6. As used in this chapter, "home improvement supplier" means a person who engages in or solicits home improvement contracts whether or not the person deals directly with the consumer. As added by P.L.251-1987, SEC.4.

Ind. Code § 35-43-6-7 "Person" defined

Sec. 7. As used in this chapter, "person" means an individual, corporation, business trust, estate, trust, partnership, association, cooperative, or any other legal entity. As added by P.L.251-1987, SEC.4.

Ind. Code § 35-43-6-8 Unconscionable contract

Sec. 8. For the purposes of this chapter, a home improvement contract is unconscionable if an unreasonable difference exists between the fair market value of the services, materials, and work performed or to be performed and the home improvement contract price. As added by P.L.251-1987, SEC.4.

Ind. Code § 35-43-6-9 Prima facie unconscionability

Sec. 9. For the purposes of this chapter, a home improvement contract price in excess of four (4) times greater than the fair market value of the services, materials, or work performed or to be performed is prima facie evidence of an unconscionable home improvement contract. As added by P.L.251-1987, SEC.4.

Ind. Code § 35-43-6-10 Fair market value of improvement

Sec. 10. For the purposes of this chapter, the fair market value of a home improvement is that amount which in commercial judgment or under usage of trade would be reasonable for services, materials, and work of similar quality and workmanship. As added by P.L.251-1987, SEC.4.

Ind. Code § 35-43-6-11 Determination of fair market value

Sec. 11. For the purposes of this chapter, fair market value shall be determined as of the time either the home improvement contract was formed or at the time any of the work commenced under the home improvement contract, whichever is earlier. However, if such evidence is not readily available, the fair market value prevailing within any reasonable time before or after the time described, which in commercial judgment or under usage of trade would serve as a reasonable substitute, may be used. As added by P.L.251-1987, SEC.4.

Ind. Code § 35-43-6-12 Repealed

As added by P.L.251-1987, SEC.4. Amended by P.L.81-2006, SEC.1. Repealed by P.L.174-2021, SEC.66.

Ind. Code § 35-43-6-13 Repealed

As added by P.L.251-1987, SEC.4. Amended by P.L.81-2006, SEC.2; P.L.1-2007, SEC.232; P.L.158-2013, SEC.490; P.L.238-2015, SEC.13; P.L.142-2020, SEC.69. Repealed by P.L.174-2021, SEC.67.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/35Fetched: 10/17/2026