reglab/housing_qa huggingface dataset:
LA Rev Stat § 37:1461 (2021)
2021 Louisiana Laws|Revised Statutes|Title 37 - Professions and Occupations|§1461. Real estate recovery fund

RS 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 is adjudged to have suffered monetary damages by reason of any of the following acts committed as part of any transaction involving the sale or lease of real property in this state by any real estate broker or salesperson who was licensed under the provisions of this Chapter at the time the alleged act was committed:  (1) Any violation of the Louisiana Real Estate License Law.  (2) Obtaining money or property by fraud, misrepresentation, deceit, false pretenses, artifice, trickery, or by any other act which would constitute any violation prescribed in this Chapter.  B.(1) In addition to the license fees provided for in R.S. 37:1443 and those fees provided for in R.S. 37:1464, upon initial issuance and/or renewal of every real estate broker's and real estate salesperson's license as well as any and all other types of licenses, if any, issued by the commission after January 1, 1979 and until December 31, 1980, the commission may charge each of the aforesaid licensees an amount not to exceed eight dollars per year to be deposited and included in the recovery fund, said amounts to be collectable on a two year basis.  (2) After December 31, 1980, for the initial issuance and/or renewal of each license specified herein, except a timeshare interest sales registration, the commission may levy a fee in an amount needed to provide for the reasonable administration of the recovery fund; to provide for the replacement of payments out of the recovery fund so that the minimum level as specified in Subsection C of this Section is retained subject to a credit for the interest earned by the recovery fund itself, and  (3) Further provided that all initial applicants after the first initial license period, January 1, 1979 to December 31, 1980, shall pay the same amount as that charged during the first recovery fund collection period specified herein.  (4) The accrued surplus, if any, in the recovery fund over and above the four hundred thousand dollar minimum level after payment of the administration and losses from the fund may be transferred on December 31 of each calendar year by voucher properly drawn and signed by the chairman of the commission or his designee to the research and education fund for use as specified in R.S. 37:1464.  C. The commission shall maintain a minimum level of four hundred thousand dollars for recovery and guaranty purposes. These funds may be invested by the commission under the same limitations as other state funds and the interest thereon shall be deposited to the credit of the recovery fund. Acts 1978, No. 514, §1. Amended by Acts 1983, No. 379, §1; Acts 1983, No. 552, §2; Acts 1989, No. 655, §1, eff. Jan. 1, 1990.
LA Rev Stat § 37:1463 (2021)
2021 Louisiana Laws|Revised Statutes|Title 37 - Professions and Occupations|§1463. Payment from the fund

RS 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 claimant's judgment or twenty thousand dollars, whichever is less, and only to the extent and amount reflected in the judgment as being actual damages. (2) The commission shall not make any payment, be liable, cast in judgment, or pay any portion of any claim or judgment representing an award or claim for attorney fees, court costs, damages for physical or mental injury, medical expenses, loss of income or profits, punitive damages, or any other type of damages other than the actual damages suffered by the claimant. B. Upon receipt by the claimant of the payment from the recovery fund, the claimant shall assign his additional right, title and interest in the judgment, to the extent of such payment to the commission and thereupon the commission shall be subrogated to the right, title and interest of the claimant; and any amount subsequently recovered on the judgment by the commission, to the extent of the commission's right, title and interest therein, shall be for the purpose of reimbursing the recovery fund. C. Payments for claims arising out of the same transaction shall be limited in the aggregate to twenty thousand dollars regardless of the number of claimants or parcels of real estate involved in the transaction. D. Payments for claims based upon judgment against any one licensed real estate broker or real estate salesperson shall not exceed in the aggregate fifty thousand dollars. E. If at any time the monies in the recovery fund are insufficient to satisfy any valid claim, or portion thereof, the commission shall satisfy such unpaid claim or portion thereof as soon as a sufficient amount of money has been deposited in the fund. F. All payments and disbursements from the recovery fund shall be made by the commission upon a voucher signed by the chairman of the commission, or his designee. G. Upon payment of any amount from the recovery fund in settlement of a claim in satisfaction of a judgment against a licensed broker or salesperson, the license of such broker or salesperson shall be automatically revoked. A discharge of bankruptcy shall not relieve a person from the penalties and disabilities provided in this Section. Acts 1978, No. 514, §1; Acts 1986, No. 836, §1; Acts 1989, No. 655, §1, eff. Jan. 1, 1990; Acts 1995, No. 1207, §1; Acts 1997, No. 845, §1.
LA Rev Stat § 37:1464 (2021)
2021 Louisiana Laws|Revised Statutes|Title 37 - Professions and Occupations|§1464. Real Estate Research and Education Fund

RS 1464 - Real Estate Research and Education Fund A. There is created the Louisiana Real Estate Research and Education Fund. The Louisiana Real Estate Research and Education Fund, hereinafter referred to as the "education fund", is hereby established to promote the advancement and more efficient administration of the real estate industry and thereby serve to protect the public. Said funds are to be disbursed by voucher properly drawn and signed by the chairman of the Louisiana Real Estate Commission or his designee for the purposes hereinafter specified in Subsection C of this Section. B. In addition to the licensee fees provided for in R.S. 37:1443, the commission may charge, upon initial issuance or renewal of every real estate broker's and real estate salesperson's license, as well as any and all other types of licenses, if any issued by the commission after January 1, 1979, an amount not to exceed ten dollars per annum or twenty dollars for each two-year license period to be included in the education fund. C. The commission, in its discretion, may use any and all monies in the education fund from whatever source derived for the following purposes: (1) To establish real estate chairs at Louisiana institutions of higher learning. (2) To contract for particular research projects in the field of real estate for the state of Louisiana. (3) To sponsor, conduct, contract for, and to underwrite any and all other research projects or real estate programs having to do with the advancement of the real estate field in Louisiana. (4) To reduce the Louisiana Real Estate Commission office building debt for the Fiscal Years 2010-2011 and 2011-2012. This Paragraph shall cease to be effective on June 30, 2012. Acts 1978, No. 514, §1; Acts 1989, No. 655, §1, eff. Jan. 1, 1990; Acts 2010, No. 371, §1, eff. July 1, 2010.
LA Rev Stat § 37:1465 (2021)
2021 Louisiana Laws|Revised Statutes|Title 37 - Professions and Occupations|§1465. Real estate franchises

RS 1465 - Real estate franchises  A person, partnership, limited liability company, association, or corporation, foreign or domestic, acting in the capacity of a franchisor shall not enter into a franchise agreement with a real estate broker in this state unless the franchisor has appointed a Louisiana licensed real estate broker to act as its representative in this state.  Added by Acts 1983, No. 381, §1. Acts 1989, No. 655, §1, eff. Jan. 1, 1990; Acts 1995, No. 1207, §1; Acts 2016, No. 533, §1.
LA Rev Stat § 37:1466 (2021)
2021 Louisiana Laws|Revised Statutes|Title 37 - Professions and Occupations|§1466. Errors and omissions insurance; mandatory for all licensees

RS 1466 - Errors and omissions insurance; mandatory for all licensees  A. All active licensees licensed in accordance with the provisions of this Chapter are mandated to carry errors and omissions insurance to cover all activities contemplated under this Chapter.  B. The commission shall make the insurance mandated under this Section available to all licensees by contracting with an insurance provider having a current rating in A.M. Best of A or better for a group policy after competitive, sealed bidding and awarding such contract pursuant to requirements established by the commission. Such issuance and award shall be exempt from the provisions of Chapters 16 and 17 of Title 39 of the Louisiana Revised Statutes of 1950.  C. Any policy obtained by the commission must be available to all licensees with no right on the part of the insurance provider to cancel any licensee.  D. Licensees shall have the option of obtaining errors and omissions insurance independently, provided that the coverage contained in such policy complies with the minimum requirements established by the commission.  E. The commission shall determine the terms and conditions of coverage mandated under this Section, including but not limited to the minimum limits of coverage, the permissible deductible, and permissible exemptions.  F. An active licensee that elects to obtain independent errors and omissions insurance shall file a form verifying that they have independent coverage, as prescribed by the commission, with the annual license renewal.  G. Active licensees applying for inactive status and those licensees renewing their license while in an inactive status may do so without the required coverage mandated by this Section.  H. Should the commission be unable to obtain errors and omissions insurance coverage to insure all licensees who chose to participate in the group insurance program at a reasonable cost, not to exceed five hundred dollars for coverage, the insurance requirement mandated by this Section shall be void during the applicable contract year.  Acts 1988, No. 849, §1, eff. Jan. 1, 1990; Acts 1989, No. 655, §1, eff. Jan. 1, 1990; Acts 1995, No. 1207, §1; Acts 1997, No. 845, §1; Acts 2001, No. 924, §1; Acts 2016, No. 533, §1.
LA Rev Stat § 37:1467 (2021)
2021 Louisiana Laws|Revised Statutes|Title 37 - Professions and Occupations|§1467. Agency

RS 1467 - Agency A. Licensees shall provide the parties to a real estate transaction with an agency disclosure informational pamphlet, and where applicable, a dual agency disclosure form as mandated under R.S. 9:3897. B. The commission may prescribe such agency disclosure forms or pamphlets as it deems necessary for the enforcement of this Section. Acts 1991, No. 354, §1, eff. Jan. 1, 1992; Acts 1997, No. 32, §1.
LA Rev Stat § 37:1468 (2021)
2021 Louisiana Laws|Revised Statutes|Title 37 - Professions and Occupations|§1468. Psychologically impacted property

RS 1468 - Psychologically impacted property   A. The fact or suspicion that a property might be or is psychologically impacted, such impact being the result of facts or suspicions, including but not limited to:   (1) That an occupant of real property is, or was at any time suspected to be, infected, or has been infected with Human Immuno-deficiency Virus or diagnosed with Acquired Immune Deficiency Syndrome, or any other disease which has been determined by medical evidence to be highly unlikely to be transmitted through the occupancy of a dwelling place; or   (2) That the property was, or was at any time suspected to have been, the site of a homicide, or other felony, or a suicide;  is not a material fact or material defect regarding the condition of real estate that must be disclosed in a real estate transaction.   B. No cause of action shall arise against an owner of real estate or his or her agent for the failure to disclose to the transferee that the transferred property was psychologically impacted as defined in Subsection A.   Acts 1991, No. 336, §1.
LA Rev Stat § 37:1469 (2021)
2021 Louisiana Laws|Revised Statutes|Title 37 - Professions and Occupations|§1469. Offender notification

RS 1469 - Offender notification A. Every written lease or rental agreement executed by any licensee for residential immovable property and every written contract for sale of residential immovable property shall contain a notice of the availability to the public of access to a statewide database disclosing the locations of individuals required to register pursuant to R.S. 15:540 et seq. The notice shall include the telephone number and Internet site for the statewide database. B. Upon delivery of the notice to the lessee or transferee of the residential immovable property, the lessor, seller, broker, or licensee is not required to provide any information in addition to that contained in the notice regarding the proximity of registered sex offenders. The information in the notice shall be deemed to be adequate to inform the lessee or transferee about the existence of a statewide database of the locations of registered sex offenders and information from the database regarding those locations. The information in the notice shall not give rise to any cause of action against the disclosing party by a registered sex offender or other parties to the transaction. C. This Section shall apply only to written agreements and contracts that are entered into by the parties on or after January 1, 2002. Acts 2001, No. 178, §1.
LA Rev Stat § 37:1470 (2021)
2021 Louisiana Laws|Revised Statutes|Title 37 - Professions and Occupations|§1470. Mold informational pamphlet; liability of licensees

RS 1470 - Mold informational pamphlet; liability of licensees A.(1) By April 1, 2004, the commission shall, by rule, in accordance with the Administrative Procedure Act, approve a mold informational pamphlet, which may be distributed to buyers by licensees in connection with any real estate transaction entered into on or after July 1, 2004. (2) If the licensee delivers the mold informational pamphlet to the buyer, he shall do so at or before the time a lease, rental agreement, or contract for sale is entered into by the parties. B. If the licensee delivers the mold informational pamphlet to the buyer, the licensee is not required to provide any additional information concerning mold. The information contained in the mold informational pamphlet shall be deemed to be adequate to inform the buyer regarding common mold-related hazards that can affect real property. C. The licensee shall not be held liable for any error, inaccuracy, or omission of any information contained in the mold informational pamphlet delivered pursuant to this Section, if either of the following applies: (1) The error, inaccuracy, or omission was not within the personal knowledge of the licensee. (2) The error, inaccuracy, or omission was based on information provided to the licensee by the commission, a public agency, or by other persons providing relevant information by delivery of a report or opinion prepared by an expert dealing with matters within the relevant scope of his professional license, and ordinary care was exercised by the licensee in obtaining and transmitting such information. D. Nothing in this Section shall alter or affect the existing disclosure duties of any party to a real estate transaction, or their agents, including but not limited to the duty of a licensee to disclose any known material defect regarding the condition of the property. Acts 2003, No. 1123, §1, eff. July 2, 2003.
LA Rev Stat § 37:1471 (2021)
2021 Louisiana Laws|Revised Statutes|Title 37 - Professions and Occupations|§1471. Short title

RS 1471 - Short title This Chapter shall be known and may be cited as the "Louisiana Home Inspectors Licensing Law". Acts 1999, No. 61, §2.
LA Rev Stat § 37:1472 (2021)
2021 Louisiana Laws|Revised Statutes|Title 37 - Professions and Occupations|§1472. Purpose; legislative findings

RS 1472 - Purpose; legislative findings The legislature hereby declares that it is in the best interest of the citizens of the state to require the licensure and regulation of home inspectors. The purpose of this Chapter is to require qualifying criteria in a professional field in which unqualified individuals may injure or mislead the public. The provisions of this Chapter shall contribute to the safety, health, and welfare of the people of this state. Acts 1999, No. 61, §2.
LA Rev Stat § 37:1473 (2021)
2021 Louisiana Laws|Revised Statutes|Title 37 - Professions and Occupations|§1473. Definitions

RS 1473 - Definitions  As used in this Chapter, the following words shall have the following meanings unless the context clearly indicates otherwise:  (1) "Applicant" means a person who seeks to be examined for licensure by the board.  (2) "Board" means the Louisiana State Board of Home Inspectors.  (3) "Component" means a readily accessible and observable aspect of a system, such as a floor or wall, but not individual pieces such as boards or nails where many similar pieces make up a component.  (4) "Home inspection" means a written evaluation of two or more of the following component systems of a resale residential building:  (a) Electrical system.  (b) Exterior system.  (c) Insulation/ventilation system.  (d) Heating and cooling systems.  (e) Plumbing system.  (f) Roofing system.  (g) Structural system.  (h) Appliance system.  (i) Interior system.  (j) Any other related residential housing system as defined in the standards of practice prescribed by the board.  (5) "Home inspector" means any person who, in accordance with the provisions of this Chapter, holds himself out as a home inspector to the general public or engages in the business of performing home inspections on resale residential buildings for compensation and who examines any component of a building, through visual means and through normal user controls, without the use of mathematical sciences.  (6) "Licensee" means any person who has been issued a license by the board in accordance with the provisions of this Chapter.  (7) "Residential resale building" means a structure intended to be or that is used as a residence and consists of four or less living units, excluding commercial use space or units, and is not for sale for the first time.  (8) "System" means a combination of interactive or interdependent components assembled to carry out one or more functions.  Acts 1999, No. 61, §2; Acts 2003, No. 568, §1; Acts 2017, No. 328, §1.
LA Rev Stat § 37:1475 (2021)
2021 Louisiana Laws|Revised Statutes|Title 37 - Professions and Occupations|§1475. Powers and duties of the board

RS 1475 - Powers and duties of the board The board shall: (1) Elect a chairman and a vice chairman, each to serve a term of one year, who may be reelected for subsequent terms. (2) Employ a secretary-treasurer who shall serve as the chief operating officer of the board, who shall serve at the pleasure of the board, and who shall employ such other staff as approved by the board. (3) Hold quarterly meetings each year, provided special meetings may be held at such time and place as specified or called by the chairman. The secretary-treasurer shall provide written notice of all meetings to the members of the board and to the interested public. (4) Adopt rules and regulations, in accordance with the Administrative Procedure Act, as the board deems necessary to administer and implement the provisions of this Chapter or to govern the practice of home inspectors in the state. (5) Issue, suspend, modify, or revoke licenses to practice as a home inspector in the state. (6) Report to the attorney general all persons who violate the provisions of this Chapter. (7) Maintain an up-to-date list of licensed home inspectors. (8) Adopt and approve a licensing examination, which may be administered by a nationally accepted testing service as determined by the board. (9) Adopt an official seal. (10) Adopt minimum standards of practice for home inspectors. (11) Have the authority to impose fines. (12) Adopt rules and regulations governing the manner and conditions under which credit shall be given by the board for participation in continuing professional education as the board may consider necessary. (13) Authorize any affidavit necessary for the issuance of any injunction or other legal process authorized under this Chapter or under the rules and regulations of the board. (14) Issue subpoenas to require attendance and testimony or the production of documents for the purpose of enforcing the provisions of this Chapter and the rules and regulations adopted pursuant to this Chapter and securing evidence of violations. (15) Have the authority to incur debt. Acts 1999, No. 61, §2; Acts 2003, No. 568, §1.
LA Rev Stat § 37:1476 (2021)
2021 Louisiana Laws|Revised Statutes|Title 37 - Professions and Occupations|§1476. Licensing required

RS 1476 - Licensing required A. Beginning January 1, 2001, no person shall engage in or conduct, or advertise or hold himself out as engaging in or conducting the business of, or acting in the capacity of a home inspector within the state without first obtaining a license as provided for in this Chapter, unless as exempted in R.S. 37:1483. B. However, on January 1, 2000, any person who has been actively engaged in the business of conducting home inspections for at least one year may apply to the board for initial licensure without meeting the examination or instruction requirements. Acts 1999, No. 61, §2; Acts 2003, No. 568, §1.
LA Rev Stat § 37:1477 (2021)
2021 Louisiana Laws|Revised Statutes|Title 37 - Professions and Occupations|§1477. Qualifications for licensure; application; fees

RS 1477 - Qualifications for licensure; application; fees  A. The board shall, by rule, establish minimum qualifications for licensing. Applications for licenses and for renewal licenses shall be made in writing to the board on forms provided by the board.  B. The board may charge and collect fees not in excess of the following:  (1) Application for license $200.00  (2) License renewal $100.00  (3) Delinquent renewal $100.00  (4) Initial qualifying/continuing education provider $200.00  (5) Annual renewal for education provider $200.00  (6) Filing for additional course offerings $50.00  (7) Inspection report $5.00  (8) Credit card service fees not to exceed the amount charged to the board by the financial institution.  C. An applicant for licensure as a home inspector shall meet the following requirements:  (1) Attainment of eighteen years of age.  (2) Successful completion of high school or its equivalent.  (3) Passage of the required examination.  (4) Payment of the appropriate fees.  (5) Submission of a license application as prescribed by the board.  (6) Submission of a criminal background request form to the office of state police.  D. Beginning July 1, 2001, any person filing an initial application for licensure shall present evidence to the board that he has satisfactorily completed at least one hundred twenty hours of instruction. At least thirty, but not more than forty, of the required hours shall be obtained in course work containing actual practical home inspections. The remainder of the instruction must be classroom hours in home inspection classwork approved by the board. Satisfactory completion includes attendance of specified hours and passage of an examination on course contents.  Acts 1999, No. 61, §2; Acts 2017, No. 328, §1.