Penalties
Sec. 12. (a) A party to a conveyance who:
(1) is required to file a sales disclosure form under this chapter;
and
(2) fails to file a sales disclosure form at the time and in the
manner required by this chapter;
is subject to a penalty in the amount determined under subsection (b).
(b) The amount of the penalty under subsection (a) is the greater
of:
(1) one hundred dollars ($100); or
(2) twenty-five thousandths percent (0.025%) of the sale price
of the real property transferred under the conveyance document.
(c) The township assessor in a county containing a consolidated
city, or the county assessor in any other county, shall:
(1) determine the penalty imposed under this section;
(2) assess the penalty to the party to a conveyance; and
(3) notify the party to the conveyance that the penalty is payable
not later than thirty (30) days after notice of the assessment.
(d) The county auditor shall:
(1) collect the penalty imposed under this section;
(2) deposit penalty collections as required under section 4 of
this chapter; and
(3) notify the county prosecuting attorney of delinquent
payments.
(e) The county prosecuting attorney shall initiate an action to
recover a delinquent penalty under this section. In a successful action
against a person for a delinquent penalty, the court shall award the
county prosecuting attorney reasonable attorney's fees.
As added by P.L.178-2002, SEC.12.
Last modified: May 28, 2006