Title 37, Professions and Occupations
0 chapters · 2,014 sections in this title.
La. Rev. Stat. § 37:1431 Definitions
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§1431. Definitions As used in this Chapter, the following words have the meaning ascribed to them in this Section unless the context clearly indicates otherwise: (1) "Active licensee" means any currently licensed person whose license has not been transferred to inactive status an…
La. Rev. Stat. § 37:1432 Louisiana Real Estate Commission; qualifications; terms of office
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§1432. Louisiana Real Estate Commission; qualifications; terms of office A. The Louisiana Real Estate Commission is hereby created within the office of the governor. The commission shall consist of eleven members appointed by the governor. One member shall be appointed from each …
La. Rev. Stat. § 37:1433 Officers; quorum; meetings; compensation
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§1433. Officers; quorum; meetings; compensation A. The commission shall elect from its members a chairman and a secretary and shall select a vice chairman to serve in the absence of the chairman. B.(1) Six members of the commission shall constitute a quorum for all business. The …
La. Rev. Stat. § 37:1434 Domicile
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§1434. Domicile The domicile of the commission shall be in the city of Baton Rouge. Acts 1978, No. 514, §1.
La. Rev. Stat. § 37:1435 Powers of the commission
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§1435. Powers of the commission A. The commission shall have the full power and authority to: (1) Regulate the issuance of real estate licenses, registrations, and certificates. (2) Censure licensees, registrants, and certificate holders. (3) Suspend or revoke licenses, registrat…
La. Rev. Stat. § 37:1435.1 Authority to obtain criminal history record information
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§1435.1. Authority to obtain criminal history record information A. As used in this Section, the following terms have the following meanings: (1) "Applicant" means an individual who applies to the commission to request the initial issuance or reinstatement of any form of licensur…
La. Rev. Stat. § 37:1436 Licensing and registration required
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§1436. Licensing and registration required A. Licenses issued by the commission shall be classed as active and inactive. B. It shall be unlawful for any person, partnership, limited liability company, association, or corporation, foreign or domestic, whether pursuant to a power o…
La. Rev. Stat. § 37:1437 Application for license
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§1437. Application for license A. Any person, partnership, limited liability company, association, or corporation, or other legal entity desiring to conduct real estate activity in this state, shall file an application for a license with the commission. The application shall be i…
La. Rev. Stat. § 37:1437.1 Timeshare registration
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§1437.1. Timeshare registration A. Any person or entity desiring to engage directly in the business of selling timeshare interests must register with the commission. B.(1) The application for registration shall be in such form as may be required by the commission and in accordanc…
La. Rev. Stat. § 37:1437.2 Corporations; limited liability companies; partnerships; broker licenses
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§1437.2. Corporations; limited liability companies; partnerships; broker licenses A. Any corporation, limited liability company, or partnership formed under the laws of this state or any foreign corporation, limited liability company, or partnership that has been granted a certif…
La. Rev. Stat. § 37:1437.3 Inactive license
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§1437.3. Inactive license A. An inactive license status shall be established. B. Any licensee in good standing with the commission may elect to place his license in an inactive license status at any time prior to expiration of the license by submitting the appropriate transfer ap…
La. Rev. Stat. § 37:1438 Applicability
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§1438. Applicability A. The provisions of this Chapter shall not apply to: (1) Any unlicensed person, partnership, limited liability company, association, or corporation, foreign or domestic, provided that the following requirements are met: (a) The unlicensed person, partnership…
La. Rev. Stat. § 37:1439 Issuance of license, certificate, or registration
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§1439. Issuance of license, certificate, or registration A. Upon compliance with the provisions of this Chapter and with the rules and regulations of the commission, the commission shall issue the appropriate license, certificate, or registration and shall prescribe the form of s…
La. Rev. Stat. § 37:1439.1 Repealed by Acts 1995, No
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§1439.1. Repealed by Acts 1995, No. 1207, §2.
La. Rev. Stat. § 37:1439.2 Repealed by Acts 1995, No
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§1439.2. Repealed by Acts 1995, No. 1207, §2.
La. Rev. Stat. § 37:144 Powers, authority, and domicile of board
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§144. Powers, authority, and domicile of board A. Four members of the board constitute a quorum for the purpose of holding examinations, granting certificates, and transacting other business within the scope of this Chapter. B. The certificate of the board shall entitle the holde…
La. Rev. Stat. § 37:1440 Examination
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§1440. Examination A. Professional competency as referred to in this Chapter shall be established by an examination prepared by or under the supervision of the commission. The examination shall be of a scope sufficient in the judgment of the commission to determine that a person …
La. Rev. Stat. § 37:1441 Return of license or registration upon transfer or termination
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§1441. Return of license or registration upon transfer or termination A. When the sponsorship of an associate broker or salesperson is terminated for any reason, the terminating party shall submit a form attesting to the termination to the commission, within five calendar days of…
La. Rev. Stat. § 37:1441.1 Repealed by Acts 1995, No
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§1441.1. Repealed by Acts 1995, No. 1207, §2.
La. Rev. Stat. § 37:1442 License and registration issuance and renewal
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§1442. License and registration issuance and renewal A.(1) Each license or registration issued pursuant to this Chapter shall be: (a) Effective for a period of one year. (b) Renewed timely on or before September thirtieth annually. (c) Expired on December thirty-first following t…
La. Rev. Stat. § 37:1443 Fees
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§1443. Fees The commission may charge: (1) Initial fees for licensing or certification: (a) Individual real estate broker's license $120.00 (b) Corporate, partnership, or limited liability company real estate broker's license $120.00 (c) Branch office license $ 45.00 (d) Real est…
La. Rev. Stat. § 37:1444 Broker, place of business; branch office license
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§1444. Broker, place of business; branch office license The business address registered by a broker with the commission shall be considered as the place of business from which the broker will conduct real estate activities requiring licensing in Louisiana. If a broker conducts bu…
La. Rev. Stat. § 37:1445 Unlicensed persons cannot recover brokerage charges
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§1445. Unlicensed persons cannot recover brokerage charges No action or suit shall be instituted, nor recovery be had, in any court of this state by any person for compensation for any act done or service rendered, the doing or rendering of which is prohibited under the provision…
La. Rev. Stat. § 37:1446 Compensation; independent contractor status of salespersons and associate brokers
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§1446. Compensation; independent contractor status of salespersons and associate brokers A. No payment of a commission or compensation shall be made by any licensee or registrant to any person who has not first secured a license or registration under the provisions of this Chapte…
La. Rev. Stat. § 37:1447 Referral fees; interference with brokerage relationships
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§1447. Referral fees; interference with brokerage relationships A.(1) It is unlawful for any person, including but not limited to a relocation company, to directly or indirectly solicit or request a referral fee or similar payment for the referral of a buyer or seller unless the …
La. Rev. Stat. § 37:1448 Revocation or suspension of licenses
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§1448. Revocation or suspension of licenses A. Any licensee whose license is suspended or revoked in accordance with this Chapter shall be deemed an unlicensed person during the period of suspension or revocation and shall be subject to the penalties prescribed for unlicensed per…
La. Rev. Stat. § 37:1448.1 Non-compete agreements
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§1448.1. Non-compete agreements A. A non-compete agreement between a real estate broker and licensee which requires the licensee to refrain from carrying on or engaging in a business similar to that of the real estate broker or from soliciting customers of the real estate broker …
La. Rev. Stat. § 37:1448.2 Revocation or suspension of registration
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§1448.2. Revocation or suspension of registration A timeshare registrant will within seventy-two hours of notification by the commission of the final action on the revocation or suspension of a registration issued to a timeshare interest salesperson or a timeshare developer retur…
La. Rev. Stat. § 37:1448.3 Net listing agreements
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§1448.3. Net listing agreements It is unlawful for any real estate broker to advise or encourage a seller in relation to, or to enter into, a net listing agreement as described in R.S. 37:1431, for the sale of residential real estate property or any land as defined in R.S. 47:230…
La. Rev. Stat. § 37:1448.4 Buyer agreements; requirements; authorization; exceptions
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§1448.4. Buyer agreements; requirements; authorization; exceptions A.(1) A buyer agreement shall be executed between a broker and a buyer. (2) The buyer agreement shall include the amount of compensation payable to the broker or the manner in which the amount of compensation paya…
La. Rev. Stat. § 37:1449 Broker to insure provision of contract; retention of records
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§1449. Broker to insure provision of contract; retention of records A. Licensees acting in the capacity of an agent or subagent, and registrants shall insure that their respective principal party signing any document in a real estate transaction is provided a copy of the document…
La. Rev. Stat. § 37:1449.1 Duty of real estate licensees to use purchase agreement forms
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§1449.1. Duty of real estate licensees to use purchase agreement forms A. A licensee representing either the buyer or seller of residential real property shall complete the purchase agreement form prescribed by the Louisiana Real Estate Commission in making an offer to purchase o…
La. Rev. Stat. § 37:145 Architects; requirements for; certificate; continuing education
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§145. Architects; requirements for; certificate; continuing education A. No person shall practice architecture in this state or use the title "architect", or any term derived therefrom, or display or use any title, sign, advertisement, or other device to indicate that such person…
La. Rev. Stat. § 37:1450 Duty of licensees, registrants, and certificate holders to report legal action pertaining
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§1450. Duty of licensees, registrants, and certificate holders to report legal action pertaining to real estate activities A. It shall be the duty of every licensee, registrant, and certificate holder to notify the commission within ten days by registered or certified mail or by …
La. Rev. Stat. § 37:1451 Death or incapacity of a real estate broker
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§1451. Death or incapacity of a real estate broker A. (1) The commission shall be notified in writing when a sponsoring broker dies and shall have the authority to appoint an active licensed associate broker or salesperson to complete, carry out, and enforce any incomplete real e…
La. Rev. Stat. § 37:1452 REPEALED BY ACTS 1989, NO
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§1452. REPEALED BY ACTS 1989, NO. 655, §2, EFF. JAN. 1, 1990.
La. Rev. Stat. § 37:1453 Investigations
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§1453. Investigations A. The commission may, upon its own motion, and shall, upon the verified complaint in writing of any person, investigate the actions of any licensee, registrant, certificate holder, or any person who assumes to act in any such capacity. Such an investigation…
La. Rev. Stat. § 37:1454 False information
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§1454. False information It is unlawful for any person or his agent to file with the commission any notice, statement, or other document, required under the provisions of this Chapter which is false or contains any material misstatement of fact. Acts 1978, No. 514, §1; Acts 1989,…
La. Rev. Stat. § 37:1455 Causes for censure, suspension, or revocation of license, registration, or certification
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§1455. Causes for censure, suspension, or revocation of license, registration, or certification A. The commission may censure a licensee, registrant, or certificate holder or conditionally or unconditionally suspend or revoke any license, registration, or certificate issued under…
La. Rev. Stat. § 37:1456 Notice of charges; hearing; censure, suspension, or revocation of license, registration, or certificate; criminal action
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§1456. Notice of charges; hearing; censure, suspension, or revocation of license, registration, or certificate; criminal action A.(1) Before censuring, suspending, or revoking any license or registration, or certification, or imposing continuing education requirements, the Louisi…
La. Rev. Stat. § 37:1457 Judicial proceedings
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§1457. Judicial proceedings A. If an appeal is taken under R.S. 37:1456, the court shall receive the entire record of the hearing. B. All judicial proceedings relative to actions taken by the commission shall be filed in and adjudicated by the Nineteenth Judicial District Court i…
La. Rev. Stat. § 37:1458 Penalty
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§1458. Penalty Whoever violates any of the provisions of this Chapter shall be fined not more than two thousand dollars or imprisoned not more than five years, or both. Acts 1978, No. 514, §1; Acts 2003, No. 713, §1.
La. Rev. Stat. § 37:1459 Real estate activity; unlicensed persons
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§1459. Real estate activity; unlicensed persons A.(1) In addition to any other civil remedy or civil penalty provided for in this Chapter, the commission may issue a subpoena to any person or persons who the commission has probable cause to believe has engaged in real estate acti…
La. Rev. Stat. § 37:146 Examination before board; qualifications
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§146. Examination before board; qualifications A. Unless previously registered and currently licensed on September 1, 1972, no person shall practice architecture until he has passed an examination approved by the board. B. For the purpose of qualifying for the examination, the ap…
La. Rev. Stat. § 37:146.1 Licensing; architecture
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§146.1. Licensing; architecture To obtain an initial license to practice architecture in Louisiana, an applicant shall present satisfactory evidence to the board of practical experience of training or experience in the field of architecture. The experience shall be demonstrated o…
La. Rev. Stat. § 37:1460 Certification and regulation of real estate schools, instructors and continuing education vendors
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§1460. Certification and regulation of real estate schools, instructors and continuing education vendors A. The Louisiana Real Estate Commission shall have the authority to establish rules and regulations to certify, regulate, and discipline real estate schools and instructors in…
La. Rev. Stat. § 37:1460.1 Continuing education; meetings and conferences; approved vendors; approval
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§1460.1. Continuing education; meetings and conferences; approved vendors; approval process; exceptions A. A vendor which has been licensed by the Louisiana Real Estate Commission to provide continuing education courses to licensees of the commission shall be exempt from the cont…
La. Rev. Stat. § 37:1461 Real estate recovery fund
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§1461. Real estate recovery fund A. There is created the Louisiana Real Estate Recovery Fund, hereinafter referred to as the "recovery fund". Money from the recovery fund shall be disbursed as provided in this Chapter on order of the commission as reimbursement to any person who …
La. Rev. Stat. § 37:1462 Conditions for recovery; eligibility
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§1462. Conditions for recovery; eligibility A.(1) Any person shall be eligible to seek recovery from the recovery fund if all of the following conditions have been met: (a) The claimant has received final judgment in a court of competent jurisdiction in this state in any action w…
La. Rev. Stat. § 37:1463 Payment from the fund
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§1463. Payment from the fund A.(1) Any claimant who meets all of the conditions prescribed in this Chapter may apply to the Louisiana Real Estate Commission to cause payment to be made to such claimant from the recovery fund, in an amount equal to the unsatisfied portion of the c…