Indiana Wholesaling Laws: HEA 1068 Compliance Guide
Indiana House Enrolled Act 1068, effective July 1, 2024, created IC 32-21-16.5, "Solicitation of Real Estate Sale or Purchase by an Unlicensed Real Estate Solicitor" (bill page; enrolled act). Instead of regulating the assignment contract, it regulates solicitations: if you don't hold a real estate license and you solicit the sale or purchase of a single-family home — a "we buy houses" mailer to a homeowner or a deal blast to buyers — the solicitation must carry a specific disclosure.
If you wholesale in Indiana, your seller-facing marketing is where this law bites hardest, and your buyer-facing deal marketing should carry the disclosure too. Here is what the law requires and how to implement it.
This page is part of our state-by-state wholesaling compliance guide. For a broader overview of wholesaling legality nationwide, see our wholesaling legal guide.
What HEA 1068 requires
Under IC 32-21-16.5-4, an "unlicensed real estate solicitor" may not solicit the sale or purchase of a residential, single-family home unless the solicitation includes this sentence:
“This solicitation is not from a licensed real estate professional.”
The disclosure must also include your legal name and, if someone else is expected to buy the home, that person's legal name. An "unlicensed real estate solicitor" is anyone without an Indiana real estate license, except home builders, 501(c)(3) nonprofits, government entities, certain other exempt persons, and two groups that matter for investors:
- someone who only asks whether a home is for sale, without presenting or entering into an agreement with the owner; and
- someone who offers to buy or buys a home intending to take title and record the deed, and to use it as a personal residence or an investment.
That last exemption is the key line. A buyer who really intends to close in their own name is exempt. A wholesaler who plans to assign the contract is not. The chapter applies to agreements entered into or renewed after June 30, 2024.
Assignment vs double close in Indiana
Assignment: You solicit homeowners, put a home under contract, and assign it without ever taking title. You are an unlicensed real estate solicitor, so every solicitation — to sellers and to buyers — needs the disclosure, your legal name, and the expected purchaser's legal name if it isn't you.
Double close: If you genuinely intend to take title and record the deed as an investment before reselling, you may fall within the exemption for buyers who take title. Whether a quick flip counts as using the home "as an investment" is not spelled out in the statute, so don't lean on it without advice from an Indiana attorney.
For most wholesalers, compliance is simply a sentence and two names in your templates. Restructuring deals to avoid that is rarely worth it.
Important timing distinction: One advantage of a double close is that your profit margin stays private — the two transactions are separate and the spread is not visible on a single settlement statement. However, this compliance advantage only applies if you market the property after taking title. In a simultaneous close — where you market while still under contract to purchase — you hold equitable interest only, the same legal position as an assignment. Your disclosure obligations at the time of marketing may be identical regardless of your intended closing structure. Oklahoma's SB 1075 (effective November 2025) explicitly includes simultaneous double closings in its wholesaling definition, and other states are following suit. Structure your compliance around what you hold at the time you market, not what you plan to hold at closing.
Recording your interest: after you sign, you can record a memorandum of contract so your equitable interest appears in the county records and on any title search. Jurably files Indiana memorandums of contract online, from the same team as Deal Run.
Disclosure on all marketing materials
This is the core of Indiana's law. Every solicitation made by you or on your behalf to solicit the sale or purchase of a single-family home must include:
- The required sentence: “This solicitation is not from a licensed real estate professional.”
- Your legal name (the unlicensed real estate solicitor).
- The legal name of the expected purchaser, if someone other than you is expected to buy the home.
In writing, the disclosure must be legible and in plain sight. In audio, it must be as clear and audible as the rest of the solicitation. The law does not require you to state your assignment fee or your contact information.
"Solicitation" is defined broadly in IC 32-21-16.5-2 and includes:
- Television and radio ads
- Newspaper or magazine ads
- Billboards and yard signs
- Postcards and other mailers
- Websites
- Email, text messages, and other electronic communication
- Telephone calls
- Social media
- Any other print or electronic method
Before you sign a written agreement with a homeowner, you must also tell them whether any of the disclosed information has changed (IC 32-21-16.5-5) — for example, if the expected purchaser is now someone different.
What this looks like in practice
Compliance is not complicated once you build it into your templates. Here is what compliant vs non-compliant marketing looks like.
Non-compliant seller mailer:
We buy houses in Indianapolis! Any condition, cash, close in 7 days. Call today for a fair offer.
If the sender is unlicensed and plans to assign the contract, this mailer is missing the required sentence and the legal names.
Compliant seller mailer:
We buy houses in Indianapolis! Any condition, cash, close in 7 days. Call today for a fair offer.
This solicitation is not from a licensed real estate professional. Solicitor: [Your Legal Name / Your LLC’s legal name]. Expected purchaser: [legal name, if not the solicitor].
Buyer-facing deal blast:
New assignment opportunity in Indianapolis! 3 bed / 2 bath ranch, 1,400 sqft. Asking $85,000. ARV $140,000. Repairs estimated at $25,000. Reply if interested.
This solicitation is not from a licensed real estate professional. Solicitor: [Your Legal Name / LLC]. [Your LLC] holds this home under a purchase contract and is offering its contract rights by assignment.
The sentence about holding the contract isn't required by IC 32-21-16.5, but it keeps buyers from assuming you own the home. For text messages where character limits are a concern, a condensed version:
This solicitation is not from a licensed real estate professional. — [Legal Name / LLC]
Use the required sentence word for word. Add the expected purchaser’s legal name whenever someone other than you is expected to buy.
Penalties
Non-compliance with IC 32-21-16.5 carries consequences that can affect both individual deals and your broader business:
- Homeowner can nullify within 2 days. If your disclosure doesn’t meet the requirements, a homeowner may nullify the agreement within two days of entering into it by delivering a written rescission to you or your agent, and is not liable for doing so (IC 32-21-16.5-6).
- Deceptive act. A violation of the chapter is a deceptive act under Indiana’s Deceptive Consumer Sales Act (IC 24-5-0.5), in addition to any other remedies the owner has.
- Indiana Attorney General enforcement. The Attorney General enforces it the same way as other deceptive acts under that Act (IC 24-5-0.5-11), which can include injunctions, civil penalties, and restitution.
The law has no “good faith” exception, so consistent compliance across all channels matters. Build the disclosure into your templates once and the risk drops sharply.
Compliance checklist
Follow these steps for every Indiana single-family deal if you are unlicensed:
- Decide whether you’re exempt. If you will take title, record the deed, and keep the home as a residence or investment, the exemption may apply. If you plan to assign, assume the law applies.
- Add the disclosure to seller marketing. Mailers, postcards, yard signs, websites, cold calls, texts, and social posts soliciting homeowners must include the required sentence and your legal name.
- Name the expected purchaser. If someone other than you is expected to buy, include their legal name.
- Re-confirm before signing. Before you sign a written agreement with the homeowner, tell them if any disclosed information has changed.
- Add the disclosure to buyer marketing. Email blasts, texts, deal packages, and investor platform posts that solicit a purchase should carry the same sentence and names.
- Identify yourself as the contract holder, not the owner. Not required by this statute, but good practice in every state.
- Make it legible or audible. In writing, keep it in plain sight. On calls, say it as clearly as the rest of the pitch.
- Keep copies of all marketing materials. Save every mailer, email, text, social post, and call script. Retain these records for at least 3 years.
- Close through a title company familiar with assignments. Work with an Indiana title company that handles assignment transactions.
Frequently asked questions
Does HEA 1068 apply if I only market to one or two buyers instead of blasting my whole list?
Yes. The disclosure must be in all solicitations made by you or on your behalf, regardless of how many people receive them. Text messages and phone calls are expressly included.
What if my assignment fee changes after I start marketing?
The Indiana law doesn’t require you to disclose your fee, so a fee change doesn’t affect compliance. What you must update is the disclosed information — your legal name and the expected purchaser’s legal name. Before signing with a homeowner, tell them if any of it has changed.
Do I need to include the disclosure on private messages between me and a buyer I already have a relationship with?
If the message solicits the purchase of a specific single-family home, include it. The statute covers all solicitations, including texts and phone calls, and has no exception for existing contacts. One sentence and your legal name is a small price for certainty.
Does the law apply to commercial properties?
IC 32-21-16.5-4 specifically addresses solicitations for the sale or purchase of a "residential, single-family home." Commercial property and multifamily properties fall outside that section. However, the deceptive-act provision HEA 1068 added to IC 24-5-0.5-11 uses broader "real estate" language, so operating transparently regardless of property type is prudent.
Can I use a double close to avoid the marketing disclosures?
Maybe, but don’t count on it. The exemption covers buyers who intend to take title, record the deed, and use the home as a residence or investment. A wholesaler who takes title only for a same-day resale may or may not fit that description, and the statute doesn’t say. Since compliance is one sentence plus names, most wholesalers are better off including the disclosure on every Indiana single-family solicitation.
For context on how Indiana compares to other states, see our guides on Ohio (SB 155 / ORC 5301.95), Texas (SB 1577), and our full compliance hub.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. IC 32-21-16.5 has been effective since July 1, 2024. Consult a real estate attorney licensed in Indiana before relying on any information presented here. Laws and their interpretation can change. This guide reflects the statute as enacted.