Ind. Code ch. 25-34.1-5

Ind. Code ch. 25-34.1-5
in effect

Ind. Code § 25-34.1-5-1 Approval and permit required for broker course

Sec. 1. No person shall conduct, solicit or accept student enrollment for a broker course as prescribed in this chapter without: (1) the approval of the course by the commission; and (2) the issuance of a permit under section 15 of this chapter. As added by Acts 1979, P.L.248, SEC.1. Amended by P.L.127-2012, SEC.27; P.L.116-2015, SEC.12.

Ind. Code § 25-34.1-5-2 Application for approval

Sec. 2. To obtain course approval, a person must apply to the commission by submitting a bond in the amount of ten thousand dollars ($10,000) and an application which includes a copy of the accreditation certificate issued by the appropriate accreditation body, if any, a detailed teaching syllabus, a proposed certificate to be issued to students who successfully complete the course, and other information and documents which may be required by the commission. If the course is to be conducted by a corporation, the application shall also include the names and residence addresses of all directors and officers, a copy of the certificate of incorporation, and a certificate of good standing of the corporation issued by the secretary of state of Indiana. As added by Acts 1979, P.L.248, SEC.1.

Ind. Code § 25-34.1-5-3 Bond; obligee; requirements; liability; continuity; cancellation

Sec. 3. (a) The commission shall be the obligee under the bond. (b) The bond shall be: (1) executed by the person seeking course approval and by a corporate surety, licensed to do business in the state, as surety; (2) in such form and with such terms and conditions as the commission may require; (3) conditioned upon faithful compliance with all requirements of an approved course as provided by this article and the commission's regulations; and (4) effective from its effective date and continue in effect until cancelled. The total and aggregate liability of the surety on a bond is limited to the amount specified in the bond and the continuous nature of the bond may in no event be construed as allowing the liability of the surety under a bond to accumulate for each successive approval period during which the bond is in force. (c) To provide continuous bonding of the school's activities, a school providing an approved course may not cancel a bond without the commission's prior written approval of cancellation and approval of a substitute bond. (d) The surety on a bond may cancel a bond filed under this article only after ninety (90) days from the date the surety mails a notice of intent to cancel, by registered or certified mail with return receipt requested, to the commission and to the school. (e) To provide continuous bond coverage of the school's activities, the school shall give written notice to the commission, not later than thirty (30) days prior to the date upon which a bond cancellation becomes effective, that a new bond has been obtained. As added by Acts 1979, P.L.248, SEC.1.

Ind. Code § 25-34.1-5-4 Approval of broker education courses

Sec. 4. (a) To obtain approval of a broker course, a school shall: (1) provide the curriculum prescribed in section 5 of this chapter; (2) have no more than thirty-five (35) students per instructor per classroom; (3) provide adequate educational facilities and supportive personnel as is necessary to implement the purpose of this article; (4) schedule not more than the maximum number of hours of instruction established by the commission in any twenty-four (24) hour period; (5) administer at least two (2) written examinations during the broker course which are approved, and passing scores established, by the commission; (6) within thirty (30) days of the end of each course, submit to the commission the names and addresses of those students who successfully complete the course; (7) maintain records of students who successfully complete and pass the course of study for a minimum of five (5) years or, in the event the school should cease operation, the owner shall provide a custodian acceptable to the commission to keep those records and provide copies to students at the fee in effect when the school ceases operation; and (8) meet any other standards the commission may establish by regulation. (b) Any instruction conducted in a broker office does not apply to the minimum hour requirements of section 5 of this chapter. As added by Acts 1979, P.L.248, SEC.1. Amended by P.L.127-2012, SEC.28.

Ind. Code § 25-34.1-5-5 Curriculum

Sec. 5. The required curriculum for brokers shall consist of a total of at least ninety (90) hours of instruction and shall include the following subjects: principles, practices, Indiana license law and professional standards, law of agency, contracts, financing, settlement procedures, escrow responsibility, recordkeeping, government regulations, and appraising. As added by Acts 1979, P.L.248, SEC.1. Amended by P.L.127-2012, SEC.29.

Ind. Code § 25-34.1-5-6 Commission's considerations; factors

Sec. 6. In determining whether to grant approval of the curriculum, the commission shall consider, in addition to the requirements of sections 4 and 5 of this chapter, the following factors: accreditation, administration, ownership, instructors' qualifications, director's qualifications, course records, textbooks and related materials, cost of tuition and materials, and other means of evaluation as the commission establishes by regulation. As added by Acts 1979, P.L.248, SEC.1.

Ind. Code § 25-34.1-5-7 Expiration of approval and permit; renewal

Sec. 7. (a) The following expire on December 31 of each calendar year: (1) The approval of a course by the commission. (2) A permit issued under section 15 of this chapter. (b) To obtain renewal of approval for the ensuing calendar year, the school must submit to the commission by November 30 of the current year: (1) a letter requesting renewal; (2) an annual report; and (3) a bond in the amount of twenty percent (20%) of the previous year's total tuition, but in no event less than ten thousand dollars ($10,000) or more than fifty thousand dollars ($50,000). As added by Acts 1979, P.L.248, SEC.1. Amended by P.L.116-2015, SEC.13.

Ind. Code § 25-34.1-5-8 Inspection of records and facilities

Sec. 8. Each school conducting an approved course shall allow the commission to inspect its records and facilities. Each school shall report any significant proposed change in curriculum, faculty, or facilities to the commission at least thirty (30) days before the change, if possible. No change is effective unless it is approved by the commission. As added by Acts 1979, P.L.248, SEC.1.

Ind. Code § 25-34.1-5-9 Denial, suspension, or revocation of approval and permit

Sec. 9. The commission may deny, suspend, or revoke: (1) the approval of any course; and (2) the permit issued to a school under section 15 of this chapter; if it determines the school failed to comply with the standards established in this chapter and the commission's rules. As added by Acts 1979, P.L.248, SEC.1. Amended by P.L.116-2015, SEC.14.

Ind. Code § 25-34.1-5-10 Prohibited advertising

Sec. 10. A school may not advertise that it or its course is endorsed, recommended, or accredited by the commission. As added by Acts 1979, P.L.248, SEC.1.

Ind. Code § 25-34.1-5-11 Additional fees for review class prohibited

Sec. 11. Schools conducting approved courses may not charge an additional fee for any review class. As added by Acts 1979, P.L.248, SEC.1.

Ind. Code § 25-34.1-5-12 Real estate education advisory council makes course recommendations

Sec. 12. (a) The real estate education advisory council established by IC 25-34.1-9-2 shall make recommendations to the commission concerning the following: (1) Requirements for sponsors of courses. (2) Requirements for instructors to be used by sponsors in providing courses. (3) Requirements for the curricula for education courses required under this article. (4) Rules to implement this chapter. (5) Other issues identified by the commission in implementing this chapter. (b) The commission shall approve all prelicensing courses. (c) The commission may, with the advice of the council, approve online education required for licensing under this article. As added by P.L.127-2012, SEC.30.

Ind. Code § 25-34.1-5-13 Instructor permits

Sec. 13. (a) Each instructor of a prelicensing education course under this chapter must have a permit issued by the commission. (b) An instructor permit under subsection (a) must: (1) be issued for a term of three (3) years, ending on a date set by the licensing agency; and (2) expire if not renewed by the end of the permit period. (c) An instructor issued a permit under subsection (a) must meet the following requirements: (1) Be a licensed real estate broker or attorney licensed in Indiana, or an expert in the field working in conjunction with a licensed real estate broker or licensed attorney. (2) Each year, complete four (4) hours of continuing education approved by the licensing agency and specific to providing real estate instruction. Hours earned under this subdivision may be used toward the completion of the continuing education requirement for a broker under IC 25-34.1-9-11. (3) Pay applicable fees established under rules adopted by the commission under IC 4-22-2. (4) Meet any additional requirements established by the commission under rules adopted under IC 4-22-2. (d) If a permit expires under subsection (b)(2), to return the permit to active status, the instructor must: (1) successfully complete continuing education requirements required by the commission; (2) file a renewal application; (3) pay a renewal fee under rules adopted by the commission under IC 4-22-2; (4) pay any applicable late fees established under rules adopted by the commission under IC 4-22-2; and (5) meet any additional requirements established by the commission. (e) Instructors approved by the commission before July 1, 2013, shall be exempted from the requirement under subsection (c)(1). As added by P.L.200-2013, SEC.8. Amended by P.L.2-2014, SEC.112.

Ind. Code § 25-34.1-5-15 Real estate schools

Sec. 15. (a) Each real estate school approved under this chapter to conduct a prelicensing broker course must have a permit issued by the commission. (b) A real estate school issued a permit under subsection (a) must meet the following requirements: (1) For online courses, an instructor that has been issued a permit under this chapter must be available during normal business hours. (2) Course rosters must be provided to the commission each month. (3) The school must pay the permit fees established by the commission under subsection (d). (c) To remain in effect, a permit issued under this section must be renewed by the commission before its expiration under section 7(a) of this chapter. (d) The commission shall establish, by rule adopted under IC 4-22-2, fees for permits under this section. (e) A school must annually file with the commission a list of courses offered by the school. As added by P.L.200-2013, SEC.9. Amended by P.L.2-2014, SEC.113; P.L.116-2015, SEC.15.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/25Fetched: 10/17/2026