Ind. Code ch. 32-21-1

in effect

Ind. Code § 32-21-1-1 Requirement of written agreement; agreements or promises covered

Sec. 1. (a) This section does not apply to a lease for a term of not more than three (3) years. (b) A person may not bring any of the following actions unless the promise, contract, or agreement on which the action is based, or a memorandum or note describing the promise, contract, or agreement on which the action is based, is in writing and signed by the party against whom the action is brought or by the party's authorized agent: (1) An action charging an executor or administrator, upon any special promise, to answer damages out of the executor's or administrator's own estate. (2) An action charging any person, upon any special promise, to answer for the debt, default, or miscarriage of another. (3) An action charging any person upon any agreement or promise made in consideration of marriage. (4) An action involving any contract for the sale of land. (5) An action involving any agreement that is not to be performed within one (1) year from the making of the agreement. (6) An action involving an agreement, promise, contract, or warranty of cure concerning medical care or treatment. However, this subdivision does not affect the right to sue for malpractice or negligence. [Pre-2002 Recodification Citation: 32-2-1-1.] As added by P.L.2-2002, SEC.6.

Ind. Code § 32-21-1-2 Consideration for agreement; writing not required

Sec. 2. The consideration that is the basis of a promise, contract, or agreement described in section 1 of this chapter does not need to be in writing but may be proved. [Pre-2002 Recodification Citation: 32-2-1-2.] As added by P.L.2-2002, SEC.6.

Ind. Code § 32-21-1-3 Conveyance; trust in lands; goods; things in action

Sec. 3. A conveyance of an existing trust in land, goods, or things in action is void unless the conveyance is in writing and signed by the party making the conveyance or by the party's lawful agent. [Pre-2002 Recodification Citation: 32-2-1-3.] As added by P.L.2-2002, SEC.6.

Ind. Code § 32-21-1-4 Trust arising from or extinguished by implication of law

Sec. 4. Nothing contained in any Indiana law may be construed to prevent any trust from arising or being extinguished by implication of law. [Pre-2002 Recodification Citation: 32-2-1-4.] As added by P.L.2-2002, SEC.6.

Ind. Code § 32-21-1-5 Compelling specific performance in cases of part performance

Sec. 5. Nothing contained in any Indiana statute may be construed to abridge the powers of courts to compel the specific performance of agreements in cases of part performance of the agreements. [Pre-2002 Recodification Citation: 32-2-1-5.] As added by P.L.2-2002, SEC.6.

Ind. Code § 32-21-1-6 Representations concerning other persons

Sec. 6. An action may not be brought against a person for a representation made by the person concerning the character, conduct, credit, ability, trade, or dealings of any other person, unless the representation is in writing and signed by the person or by the person's lawful agent. [Pre-2002 Recodification Citation: 32-2-1-6.] As added by P.L.2-2002, SEC.6.

Ind. Code § 32-21-1-7 Conveyance revocable at will of grantor; provision void as to subsequent purchaser

Sec. 7. If a conveyance of or charge upon an estate contains a provision for revocation at the will of the grantor, the provision is void as to subsequent purchasers from the grantor, for a valuable consideration, of the estate or interest subject to the provision, even though the provision is not expressly revoked. [Pre-2002 Recodification Citation: 32-2-1-11.] As added by P.L.2-2002, SEC.6.

Ind. Code § 32-21-1-8 Revocation and reconveyance power; person other than grantor

Sec. 8. If the power to revoke a conveyance of any interest in land, and to reconvey the interest, is given to any person other than the grantor in the conveyance, and the person given the power conveys the interest to a purchaser for a valuable consideration, the subsequent conveyance is valid. [Pre-2002 Recodification Citation: 32-2-1-12.] As added by P.L.2-2002, SEC.6.

Ind. Code § 32-21-1-9 Conveyance before vesting of power of revocation

Sec. 9. If a conveyance to a purchaser under either section 7 or 8 of this chapter is made before the person making the conveyance is entitled to execute the person's power of revocation, the conveyance is valid from the time the power of revocation vests in the person. [Pre-2002 Recodification Citation: 32-2-1-13.] As added by P.L.2-2002, SEC.6.

Ind. Code § 32-21-1-10 Commission for finding purchaser of real estate

Sec. 10. A contract for the payment of any sum of money or thing of value, as a commission or reward for the finding or procuring by one (1) person of a purchaser for the real estate of another, is not valid unless the contract is in writing and signed by the owner of the real estate or the owner's legally appointed and duly qualified representative. For purposes of this section, any general reference to the real estate that is sufficient to identify the real estate is a sufficient description of the real estate. [Pre-2002 Recodification Citation: 32-2-2-1.] As added by P.L.2-2002, SEC.6.

Ind. Code § 32-21-1-11 Repealed

[Pre-2002 Recodification Citation: 32-2-4-1.] As added by P.L.2-2002, SEC.6. Repealed by P.L.185-2021, SEC.32.

Ind. Code § 32-21-1-12 Repealed

[Pre-2002 Recodification Citation: 32-2-5-1.] As added by P.L.2-2002, SEC.6. Repealed by P.L.185-2021, SEC.33.

Ind. Code § 32-21-1-13 Conveyance of land; written deed required

Sec. 13. (a) As used in subsection (b), "conveyance" means any electronic record (as defined in IC 26-2-8-102) or any paper or other tangible medium or document that is: (1) a lease or memorandum of lease for a term exceeding three (3) years; (2) a deed of: (A) land; or (B) any interest in land; (3) a mortgage; or (4) a land contract or memorandum of land contract for the sale and purchase of land. (b) A conveyance must: (1) be in writing; (2) be executed or signed by the: (A) lessor or landlord; (B) grantor (as defined in IC 32-17-1-1); or (C) land contract seller; and (3) have an acknowledgment (as defined in IC 33-42-0.5-2) or a proof (as defined in and permitted under IC 32-21-2). (c) If a transfer on death deed under IC 32-17-14 has been recorded before the death of the owner (as defined in IC 32-17-14-3) with the recorder of deeds in the county in which the real property is situated, a subsequent conveyance of the real property is void if it is not recorded before the death of the owner with the recorder of deeds in the county in which the real property is situated. [Pre-2002 Recodification Citation: 32-1-2-4.] As added by P.L.2-2002, SEC.6. Amended by P.L.231-2019, SEC.46; P.L.185-2021, SEC.34.

Ind. Code § 32-21-1-14 Conveyances by attorney; power of attorney

Sec. 14. A conveyance of land by an attorney in fact under IC 30-5-3-3 is not effective unless the attorney in fact is empowered to make the conveyance under a power of attorney that: (1) is executed or signed by the principal (as defined in IC 30-5-2-8); and (2) has an acknowledgment (as defined in IC 33-42-0.5-2) or a proof (as defined in and permitted under IC 32-21-2). [Pre-2002 Recodification Citation: 32-1-2-5.] As added by P.L.2-2002, SEC.6. Amended by P.L.185-2021, SEC.35; P.L.99-2024, SEC.21.

Ind. Code § 32-21-1-15 Conveyances by quitclaim

Sec. 15. (a) A conveyance of land that is: (1) worded in substance as "A.B. quitclaims to C.D." (here describe the premises) "for the sum of" (here insert the consideration); and (2) signed, sealed, and acknowledged by the grantor (as defined in IC 32-17-1-1); is a good and sufficient conveyance in quitclaim to the grantee and the grantee's heirs and assigns. (b) If a transfer on death deed under IC 32-17-14 has been recorded before the death of the owner (as defined in IC 32-17-14-3) with the recorder of deeds in the county in which the real property is situated, a subsequent conveyance of the real property is void if it is not recorded before the death of the owner with the recorder of deeds in the county in which the real property is situated. [Pre-2002 Recodification Citation: 32-1-2-13.] As added by P.L.2-2002, SEC.6. Amended by P.L.231-2019, SEC.47.

Ind. Code § 32-21-1-16 Estate of inheritance; expression of intent required to create lesser estate

Sec. 16. It is not necessary to use the words "heirs and assigns of the grantee" to create in the grantee an estate of inheritance. If it is the intention of the grantor (as defined in IC 32-17-1-1) to convey any lesser estate, the grantor shall express that intention in the deed. [Pre-2002 Recodification Citation: 32-1-2-14.] As added by P.L.2-2002, SEC.6.

Ind. Code § 32-21-1-17 Incorporating by reference recorded encumberances

Sec. 17. A conveyance of land may incorporate by reference a recorded covenant, restriction, easement, or other encumbrance on the use of the land with a clause that is substantially similar to either of the following: (1) "Subject to the __________ (insert the type of encumbrance) recorded on _____ (insert the date of recording) in ___________ (insert the book and page number on which the encumbrance is recorded or the instrument number in which the encumbrance is recorded).". (2) "Subject to ___________ (insert the type of encumbrance) of record.". As added by P.L.171-2006, SEC.6.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/32Fetched: 10/17/2026