(A) All dwellings except as exempted by division (B) below and I.C. 22-9.5-3.
(B) Other than the provisions of division (C) below, nothing in § 95.04 is to apply to:
(1) Any single-family house sold or rented by owner where the private individual owner does not own more than 3 single-family houses at any 1 time; provided that in the sale of a single-family house by a private individual owner not residing in the house at the time of sale or who was not the most recent resident of the house prior to the sale, the exemption only applies to 1 sale within any 24-month period. The private individual owner may not own any interest in, nor have owned or reserved on his or her behalf, title to or any right to all or a portion of the proceeds from the sale or rental of more than 3 single-family houses at any 1 time. The sale or rental of any single-family house is sold or rented:
(a) Without the use in any manner of the sales or rental facilities or services of any real estate broker, agent or salesperson, or any person in the business of selling or renting dwellings, or any employee or agent of any broker, agent or salesperson;
(b) Without the publication, posting or mailing, after notice of advertisement or written notice in violation of § 95.04(C), but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstracters, title companies and other professional assistance as necessary to perfect or transfer title.
(2) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than 4 families living independently of each other, if the owner actually maintains and occupies 1 of the living quarters as his or her residence.
(C) For the purposes of division (B) above, a person shall be deemed to be in the business of selling or renting dwellings if:
(1) He or she has, within the preceding 12 months, participated as principal in 3 or more transactions involving the sale or rental of any dwelling or any interest therein;
(2) He or she has, within the preceding 12 months, participated as agent, other than in the sale of his or her own personal residence, in providing sales or rental facilities or services in 2 or more transactions involving the sale or rental of any dwelling or any interest therein; or
(3) He or she is the owner of any dwelling unit designed or intended for occupancy by, or occupied by, 5 or more families.
(1996 Code, § 7.5-3)