reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 39 - Presentation of Offers and Counter Offers › Section LXVII-3905 - Transactions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Designated
				  agents receiving written offers or counter offers intransactions shall annotate
				  the offers or counter offers to indicate the time of day and date the offers or
				  counter offers were received.
B. It
				  shall be the responsibility of each of the designated agents to make reasonable
				  efforts to contact and notify the designated agent of the other party of the
				  existence of an offer or counter offer.
1. It
				  shall be the responsibility of the designated agent who transmits or delivers
				  the written offer or counter offer to document the date, time of day, place,
				  and method of delivery.
2. Such
				  documentation as to the date, time of day, place and method of transmission or
				  delivery of the written offer or counter offer may include, but will not be
				  limited to, annotation by the delivering designated agent, a dated and timed
				  facsimile transmission receipt or a dated and timed electronic mail
				  receipt.
3. Such documentation
				  shall be retained pursuant to
				  R.S.
				  37:1449.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 39 - Presentation of Offers and Counter Offers › Section LXVII-3907 - Rejection of Offers and Counter Offers

Current through Register Vol. 50, No. 6, June 20, 2024
A. All written offers and counter offers
				  presented to a seller and/or buyer and not accepted shall be clearly marked as
				  rejected and signed by the seller and/or buyer. In any circumstance in which a
				  seller and/or buyer refuses to sign a rejected offer or counter offer, the
				  licensee making the presentation of the offer or counter offer shall annotate
				  this fact indicating the time of day and date of the rejection of the offer or
				  counter offer by the seller and/or buyer. A copy of the rejected offer or
				  counter offer signed by the seller and/or buyer, or a copy of the rejected
				  offer or counter offer bearing the annotation of the licensee, shall be
				  provided to the buyer and/or seller, and the rejected offer or counter offer
				  shall be returned to the prospective buyer and/or seller within five days after
				  the signature or annotation is affixed to the document.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 39 - Presentation of Offers and Counter Offers › Section LXVII-3909 - Broker's Authority to Reject Offers or Counter Offers

Current through Register Vol. 50, No. 6, June 20, 2024
A. In the event the owner (seller) is not
				  available and grants authority to the listing broker to reject an offer or
				  counter offer, the listing broker or a licensee designated by the listing
				  broker shall mark the offer or counter offer as rejected and sign the offer or
				  counter offer as such in lieu of the owner (seller), but the listing broker or
				  licensee designated by the listing broker shall nevertheless forward a copy of
				  the rejected written offer or counter offer to the owner (seller) for his
				  signature acknowledging the rejection of the offer or counter offer. The copy
				  of the rejected offer or counter offer signed by the owner (seller) shall be
				  retained in the files of the listing broker. In the case of a cooperative
				  transaction, the cooperating listing broker shall provide a copy of the
				  rejected offer or counter offer bearing the signature of the owner to the
				  cooperating selling broker within five days after the signed rejection is
				  received from the owner.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 41 - Investigations and Hearings › Section LXVII-4101 - Complaints; Adjudicatory Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. A complaint filed with the commission
				  alleging one or more violations of the Louisiana Real Estate License Law or
				  this Subpart shall bear the signature of the complainant or that of his or her
				  legal representative. The commission shall not be required to take any action
				  relating to an unsigned or anonymous complaint.
B. The commission conducts adjudicatory
				  proceedings according to the Louisiana Real Estate License Law (R.S.
				  37:1430 et seq) and the Administrative
				  Procedure Act (R.S. 49:950 et
				  seq).
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 41 - Investigations and Hearings › Section LXVII-4103 - Addition of Respondents to Investigations (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 41 - Investigations and Hearings › Section LXVII-4105 - Executive Director May Authorize Investigations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commission's executive director may
				  issue written authorization, upon documented probable cause, to investigate
				  apparent violations of the Louisiana Real Estate License Law or this
				  Subpart.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 41 - Investigations and Hearings › Section LXVII-4107 - Adjudicatory Proceedings (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 41 - Investigations and Hearings › Section LXVII-4109 - Appellate Proceedings (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 41 - Investigations and Hearings › Section LXVII-4111 - Stay of Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  filing of a petition for judicial review by a respondent licensee does not
				  itself stay enforcement of an order issued by the commission. A stay of
				  enforcement shall be granted only when ordered by a court of appropriate
				  jurisdiction.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 41 - Investigations and Hearings › Section LXVII-4113 - Costs of Adjudicatory Proceedings

Current through Register Vol. 50, No. 6, June 20, 2024
A. Following a finding that a respondent has
				  committed one or more violations alleged in any adjudicatory proceeding, the
				  commission may assess the respondent with the administrative costs of the
				  proceeding, as reasonably determined by the commission. Payment of the assessed
				  costs shall be a condition of satisfying any order issued by the
				  commission.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 43 - Licensee, Registrant, and Certificate Holder Responsibilities › Section LXVII-4301 - Knowledge of the Law

Current through Register Vol. 50, No. 6, June 20, 2024
A. It shall
				  be the duty of all licensees, certificate holders, and registrants to have
				  knowledge and be aware of all laws regulating the real estate industry in
				  Louisiana including, but not limited to, these rules and regulations and the
				  Louisiana Real Estate License Law as set forth in Chapter 17, Title 37 of the
				  Louisiana Revised Statutes.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 45 - Franchise Operations (Repealed) › Section LXVII-4501 - Registration of Franchise Name (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 45 - Franchise Operations (Repealed) › Section LXVII-4503 - Registration of Franchise Operation (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 45 - Franchise Operations (Repealed) › Section LXVII-4505 - Application for Registration (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 45 - Franchise Operations (Repealed) › Section LXVII-4507 - Agent for Service of Process (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 45 - Franchise Operations (Repealed) › Section LXVII-4509 - Annual Registration (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 45 - Franchise Operations (Repealed) › Section LXVII-4511 - Renewal Requirements (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 45 - Franchise Operations (Repealed) › Section LXVII-4513 - Penalty (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 45 - Franchise Operations (Repealed) › Section LXVII-4515 - Violations of Law (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 47 - Waiver of Renewal Requirements › Section LXVII-4701 - Veteran Waiver

Current through Register Vol. 50, No. 6, June 20, 2024
A. Licensees
				  who are inducted into military service or those licensees in the military who
				  are transferred out of state shall, upon furnishing appropriate evidence of
				  their honorable service, be entitled to renewal of their licenses, without
				  penalty, provided application is filed within six months following discharge.
				  The provisions of this Section shall extend to spouses of persons described
				  hereinabove who were licensed at the time of such induction or
				  transfer.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 49 - Reciprocity › Section LXVII-4901 - Licensing

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commission
				  may enter into a reciprocal agreement with the appropriate authority of any
				  other state to permit any resident of that other state who is licensed there as
				  a real estate broker or salesperson to obtain an equivalent Louisiana
				  non-resident license and engage in the real estate business in Louisiana if
				  that other state agrees to similarly grant a non-resident license to any
				  Louisiana resident broker or salesperson and permit the licensee to engage in
				  the real estate business in that other state.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 49 - Reciprocity › Section LXVII-4903 - Requirements for License

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				  person residing in and licensed as a real estate broker or salesperson in a
				  state whose appropriate authority has entered into a reciprocal agreement with
				  the commission shall be granted an equivalent non-resident license by the
				  commission upon applying and complying with the following requirements:
1. providing the commission with sufficient
				  proof of his licensing by his resident state;
2. paying all fees prescribed for an
				  equivalent Louisiana resident license;
3. filing an irrevocable appointment of agent
				  for service of process with the commission appointing the executive director as
				  the licensee's agent for service of process in all matters arising out of or in
				  conjunction with any real estate activities conducted by the licensee in
				  Louisiana;
4. corporation-procuring
				  a certificate of authority to do business in Louisiana from the Louisiana
				  Secretary of State and providing the commission with a copy; and
5. partnership or limited liability
				  company-procuring a certificate of registry as a foreign partnership from the
				  Louisiana Secretary of State and providing the commission with a
				  copy.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 49 - Reciprocity › Section LXVII-4905 - Non-resident Licensee

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  non-resident licensee is bound, in all respects, by the provisions of the
				  Louisiana Real Estate License Law (R.S.
				  37:1431 et seq.) and these
				  regulations.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 51 - Out-of-State Broker Cooperation › Section LXVII-5101 - Broker Cooperation

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				  Louisiana broker may cooperate with a licensed broker of another state in the
				  sale, exchange, purchase, rental, leasing, or management of real property
				  located in Louisiana within the limits provided in the Louisiana Real Estate
				  License Law and rules and regulations of the commission under the following
				  conditions.
1. The sale, exchange, purchase,
				  rental, leasing, or management of Louisiana real property shall be handled
				  under the direct supervision and control of the Louisiana broker who shall take
				  full responsibility for all actions of the out-of-state broker. All advertising
				  of any kind must contain the names of both the Louisiana licensed broker and
				  the out-of-state broker. The out-of-state broker may place a sign on real
				  property located in Louisiana with the written consent of the Louisiana
				  licensed broker.
2. Any funds
				  collected on behalf of others shall be maintained in the Louisiana broker's
				  sales escrow checking account, rental trust checking account or security
				  deposit trust checking account unless all parties having an interest in the
				  funds to be deposited therein have agreed otherwise in writing.
3. In each instance herein where a Louisiana
				  broker enters into a cooperating agreement with an out-of-state broker for the
				  sale, exchange, purchase, rental, leasing, or management of Louisiana real
				  property, the Louisiana broker must file one copy of a cooperating agreement
				  with the Louisiana Real Estate Commission prior to the property being
				  advertised, shown, or any contract taken. A written cooperating agreement must
				  be filed for each separate transaction. This agreement must contain verbiage
				  wherein both the Louisiana broker and the out-of-state broker agree to sign all
				  written reports and contracts and comply with the Louisiana Real Estate License
				  Law and rules and regulations of the commission in all respects.
4. Any fee or commission received as a result
				  of a cooperative transaction shall be paid to the Louisiana broker who will, in
				  turn, compensate the out-of-state broker. The percentage of fees or commission
				  to be received by the Louisiana broker and the out-of-state broker shall be
				  negotiable between the two parties and shall be agreed upon, in writing, by the
				  parties in their cooperative agreement.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 51 - Out-of-State Broker Cooperation › Section LXVII-5103 - Referral Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. A licensed
				  broker in this jurisdiction may divide or share a real estate commission with a
				  licensed broker in another jurisdiction whenever the licensed broker in the
				  other jurisdiction acts only as a referral agent who is not involved in the
				  actual negotiations, execution of documents, collections of rent, management of
				  property, or other real estate brokerage activity in a real estate transaction
				  which involves more than the mere referral of a client or customer to the
				  licensed broker of this jurisdiction.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 51 - Out-of-State Broker Cooperation › Section LXVII-5105 - Jurisdiction over Out-of-State Activities

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commission shall have the power to
				  impose any sanction permitted by
				  R.S.
				  37:1430 et seq., on any licensee of this
				  jurisdiction who performs or attempts to perform any of the acts of a licensee
				  on property located in another jurisdiction without first having been properly
				  licensed in that jurisdiction or otherwise having fully complied with that
				  jurisdiction's laws regarding real estate brokerage.
B. It shall be the duty of every licensee,
				  registrant, and certificate holder to notify the commission within 10 days by
				  registered or certified mail or hand delivery of any sanction imposed on the
				  licensee, registrant, or certificate holder by another jurisdiction.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 53 - Real Estate Schools › Section LXVII-5301 - Approval of schools

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				  shall apply to real estate schools seeking approval to conduct a course of
				  education in real estate pre-license subjects.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 53 - Real Estate Schools › Section LXVII-5303 - Certifications; Applications and Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any individual or entity desiring to
				  conduct business in this state as a real estate school shall file an
				  application for certification with the commission.
B. The application shall be in such form and
				  detail as prescribed by the commission and shall be accompanied by all
				  documentation requested therein and the certification fee(s) prescribed in
				  R.S.
				  37:1443.
C. The commission shall approve or deny an
				  application within 45 calendar days after it is received. Incomplete
				  applications or a request from the commission for additional information may be
				  cause for delay beyond 45 calendar days.
D. The commission may deny an application for
				  certification as a real estate school for any of the following reasons.
1. The applicant has been convicted of
				  forgery, embezzlement, obtaining money under false pretenses, larceny,
				  extortion, conspiracy to defraud, or theft, or has been convicted of a felony
				  or crime involving moral turpitude in any court of competent
				  jurisdiction.
2. An application
				  contains a false statement of material fact.
3. A professional license or certification
				  held by an applicant has been revoked.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 53 - Real Estate Schools › Section LXVII-5305 - Surety Bonds

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicants for
				  certification as a real estate school shall submit proof of a $10,000 surety
				  bond issued by an insurance company that is authorized to conduct business in
				  Louisiana.
B. Bonds shall be in
				  favor of the state of Louisiana and conditioned for the protection of the
				  contractual rights of students who attend real estate courses offered by the
				  real estate school.
C. Bonds shall
				  remain effective and in force throughout the certification period of the real
				  estate school.
D. Proof of bond
				  renewal shall be provided to the commission annually.
E. Failure to maintain a bond shall be cause
				  for revocation or suspension of a certification.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 53 - Real Estate Schools › Section LXVII-5307 - Certificates of Authority; Initial and Renewal Certifications

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  certification to operate as a real estate school shall be issued in the form of
				  a certificate of authority and shall include an assigned certification number
				  that shall be included in all advertisements of approved courses and on all
				  forms, documents, and reports filed with the commission.
B. A certificate of authority shall not be
				  issued or renewed for any real estate school applicant that holds a real estate
				  broker license and whose school is designed, intended, and/or primarily used
				  for instruction of the broker's future salesperson or broker
				  affiliates.
C. A certificate of
				  authority for an initial application that is submitted and approved after
				  October 31 may be issued effective January 1 of the following year.
D. A certificate of authority shall be issued
				  for a maximum period of one calendar year and shall expire annually on December
				  31 unless an application for renewal is submitted.
E. Failure to renew a certificate of
				  authority by December 31 shall result in the automatic suspension of all course
				  approvals issued under the certificate of authority. The commission shall not
				  accept any pre-license education courses for credit, if the courses were
				  offered after the expiration of the certificate of authority.
F. Applications for delinquent renewal of a
				  certificate of authority shall not be accepted by the commission after December
				  31. Failure to renew an expired Certificate of Authority during the prescribed
				  delinquent period of October 1 through December 31 shall result in the
				  forfeiture of renewal rights. Any real estate school that becomes ineligible to
				  renew a Certificate of Authority shall apply as an initial applicant.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 53 - Real Estate Schools › Section LXVII-5309 - Colleges and Universities, Vocational-Technical Schools, and School Boards

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				  Louisiana state and private colleges and universities that offer a real estate
				  course as part of a regular curriculum are exempt from obtaining a certificate
				  of authority; however, if courses are offered through a continuing education
				  division, the college or university shall be required to comply with the
				  provisions of this Chapter. State vocational-technical schools and parish
				  schools boards that provide courses in real estate shall be required to apply
				  for a certificate of authority and shall meet the requirements of a real estate
				  school.
B. The designation of
				  "college" or 'university" shall not be used in any manner by a real estate
				  school, unless the school has met the standards and qualifications of such, and
				  is approved by the state agency having such jurisdiction.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 53 - Real Estate Schools › Section LXVII-5311 - Designated School Director; Duties

Current through Register Vol. 50, No. 6, June 20, 2024
A. All real estate schools shall designate a
				  director, whose duty it shall be to ensure that the operations of the school,
				  and all training locations, adhere to the requirements of the Louisiana Real
				  Estate License Law and the rules and regulations of the commission, and who
				  shall be held responsible to the commission for any violations thereof. The
				  commission shall be notified in writing within 10 days if the designated
				  director for a real estate school is changed.
B. Directors shall coordinate and disseminate
				  information pertaining to amendments in the license law, rules and regulations,
				  or policies and procedures of the commission to all staff, instructors, and
				  employees.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 53 - Real Estate Schools › Section LXVII-5313 - Facilities and Inspections

Current through Register Vol. 50, No. 6, June 20, 2024
A. Real
				  estate schools shall provide adequate space, seating, equipment, and
				  instructional material to accommodate the number of enrolled
				  students.
B. The commission may
				  inspect any facility used by a real estate school at any time during regular
				  business hours.
C. Real estate
				  schools shall be subject to periodic audits and review, as determined by the
				  commission, to ensure that courses are conducted in accordance with the
				  provisions set forth in this Chapter and
				  R.S.
				  37:1460. This may include the observation and
				  evaluation of classroom activities, course content, instructor proficiency,
				  and/or the audit of reporting/attendance records.
D. If the real estate school is found
				  deficient in any part of this Section, the commission shall prepare a report
				  specifying the areas of deficiency.
E. Any real estate school that receives a
				  report of deficiencies shall correct the deficiencies by the date designated by
				  the commission and shall submit a report to the commission that outlines the
				  corrective action.
F. Failure to
				  respond to a report of deficiencies, in accordance with the deadline designated
				  by the commission, may result in payment of a fine or the suspension or
				  revocation of the certificate of authority for any school found to be in
				  violation of this requirement
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 53 - Real Estate Schools › Section LXVII-5315 - Record Keeping

Current through Register Vol. 50, No. 6, June 20, 2024
A. Real estate
				  schools shall maintain accurate and properly indexed records on all students
				  for at least five years after course completion and shall produce those records
				  for inspection upon request of the commission. Electronic records shall be
				  maintained in a readily available format that does not prohibit, delay, or
				  otherwise impede inspection.
B.
				  Real estate schools shall maintain the following records on each student:
1. complete name and address;
2. total classroom hours taken and course
				  title;
3. dates of
				  attendance;
4. test scores or
				  pass/fail indications;
5. method of
				  completion;
6. copy of student
				  contract.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 53 - Real Estate Schools › Section LXVII-5317 - Tuition, Fees, and Contracts

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Each real estate school shall enter into a written contract with each student
				  that shall clearly set forth the tuition and fees charged by the school for a
				  specific course of instruction and the school refund policy.
B. A copy of the contract, signed by an
				  authorized representative of the school, shall be provided to the student
				  immediately after both parties sign the contract.
C. Any additional fees charged for supplies,
				  materials, or required books shall be clearly itemized in the school contract,
				  and such supplies, materials, or books shall become the property of the student
				  upon payment.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 53 - Real Estate Schools › Section LXVII-5319 - Pre-license Instructors; Initial and Renewal Applications; Guest Lecturers

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person shall
				  act as pre-license instructor at any real estate school, and no real estate
				  school shall hire or otherwise permit any person to act as a pre-license
				  instructor for the school, unless that person has been certified as such by the
				  commission.
B. The application to
				  become certified as a pre-license instructor shall be in such form and detail
				  as prescribed by the commission and shall be accompanied by all documentation
				  requested therein and the certification fee(s) prescribed in
				  R.S.
				  37:1443.
C. Applicants for a pre-license instructor
				  certification shall provide proof of instructor experience and shall have
				  satisfied at least one of the following qualifications:
1. bachelor's degree with a major in real
				  estate from an accredited college or university;
2. bachelor's degree from an accredited
				  college or university and at least two years experience in real estate
				  brokerage;
3. real estate broker
				  license and a minimum of five years experience in the area of proposed
				  instruction;
4. juris Doctorate
				  degree or the equivalent from an accredited law school and a minimum of three
				  years experience in the area of proposed instruction;
5. two years experience as a qualified
				  instructor or professor in the business, finance or economics department of an
				  accredited college or university;
6. any qualifications determined by the
				  commission to be the equivalent of at least one of the qualifications
				  prescribed in Paragraphs 1-5 of this Section, or any combination
				  thereof.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 53 - Real Estate Schools › Section LXVII-5321 - Prohibitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. It shall be
				  prohibited for any real estate brokerage firm to operate a real estate school
				  under the same legal entity as the real estate brokerage firm.
B. Any activity that is designed to influence
				  or solicit a pre-license education student to work under the sponsorship of any
				  real estate broker shall be considered recruiting and is prohibited while on
				  the premises of a real estate school.
C. A real estate school shall not provide the
				  name(s) of any licensee or student, whether potential or enrolled, to anyone
				  other than the Louisiana Real Estate Commission.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 53 - Real Estate Schools › Section LXVII-5323 - Change of Address

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  commission shall be notified within 10 calendar days after any change in the
				  business address or telephone number of any real estate school and the
				  residence or business address or telephone number of any owner, director or
				  instructor thereof.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 53 - Real Estate Schools › Section LXVII-5325 - School Advertising

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Advertising by real estate schools shall not be false or misleading.
B. Advertisements shall state that the school
				  is certified by the Louisiana Real Estate Commission and shall include the
				  school certificate of authority number.
C. The commission may require a real estate
				  school to furnish proof of any advertising claims. The commission may order the
				  retraction of advertising that violates the provisions of this Section. Such
				  retractions shall be published in the same manner as the original claim and
				  shall be paid for by the real estate school.
D. Certified real estate schools shall not
				  guarantee the passing of the state real estate licensing examination.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 53 - Real Estate Schools › Section LXVII-5327 - Investigations and Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  commission shall have the authority on its own motion, or following receipt of
				  a complaint, to investigate any real estate school to determine compliance with
				  the Louisiana Real Estate License Law and the rules and regulations of the
				  commission.
B. If an investigation
				  by the commission determines that a violation has occurred, the commission
				  shall follow the provisions of
				  R.S.
				  37:1456 et seq.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 53 - Real Estate Schools › Section LXVII-5329 - Suspension or Revocation of a School Certificate of Authority or Pre-license Instructor Certification

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  commission shall have the authority to impose fines, suspend, or revoke a
				  school certificate of authority or pre-license instructor certification for the
				  following acts committed by a school owner, director, or pre-license
				  instructor:
1. violating any rule or
				  regulation promulgated by the commission;
2. obtaining or attempting to obtain by
				  deceptive or fraudulent means any copyrighted test questions and/or
				  confidential test material used by or belonging to any national testing service
				  currently or previously contracted with the commission;
3. having been convicted of a felony or
				  entered a plea of guilty or nolo contendere to a felony charge;
4. refusal to appear or testify under oath at
				  any hearing held by the commission;
5. falsely certifying hours of attendance for
				  any student;
6. having a
				  salesperson, broker, or timeshare interest salesperson license suspended or
				  revoked by the commission;
7.
				  recruiting students or knowingly allowing others to use classroom facilities to
				  discuss sponsorship or potential licensees for any real estate brokerage
				  firm;
8. failure of a real estate
				  school to enter into a written/electronic contract with any student;
9. failure of a real estate school director
				  to inform pre-license instructors on changes to the Louisiana Real Estate
				  License Law or commission rules and regulations.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 53 - Real Estate Schools › Section LXVII-5331 - Pre-license Education Courses Offered by Real Estate Schools

Current through Register Vol. 50, No. 6, June 20, 2024
A. Salesperson
				  pre-license education courses offered by real estate schools shall be
				  structured in the following manner:
1. Real
				  Estate 101-salesperson 90-hour course that shall include:
a. real estate principles and
				  practices;
b. Louisiana real estate
				  license law;
c. commission rules
				  and regulations;
d. law of agency,
				  as contained in Title 9 of the Louisiana Revised Statutes;
e. civil law, as it pertains to real estate
				  transactions.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 53 - Real Estate Schools › Section LXVII-5333 - Methods of Instruction; Classroom Training, Distance Education

Current through Register Vol. 50, No. 6, June 20, 2024
A. Classroom
				  training that is led by an instructor and held in a physical location, or
				  delivered via a network, may be used to present pre-license courses and shall
				  be in such format and detail as prescribed by the commission.
B. Distance education, for the purpose of
				  this Chapter, shall mean any of the following methods of instruction:
1. interactive Internet-based
				  instruction;
2. combination
				  courses.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 53 - Real Estate Schools › Section LXVII-5335 - Certificates of Completion

Current through Register Vol. 50, No. 6, June 20, 2024
A. Real
				  estate schools shall issue certificates to students immediately upon completion
				  of the course. Certificates shall contain the following information:
1. complete name of the real estate school
				  and the certificate of authority number;
2. name of the student;
3. course title and level
				  completed;
4. number of credit
				  hours completed;
5. date of course
				  completion;
6. signature of
				  authorized school representative;
7. acknowledgment of student's successful
				  completion of examination;
8.
				  indication of delivery method.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 53 - Real Estate Schools › Section LXVII-5337 - Course Reporting Schedules and Attendance

Current through Register Vol. 50, No. 6, June 20, 2024
A. Classroom course reporting schedule
				  reports shall be submitted in such form and detail as prescribed by the
				  commission no less than 10 days prior to the course.
B. Attendance verification reports shall be
				  submitted in such form and detail as prescribed by the commission within 30
				  days after completion of the course.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 55 - Real Estate Vendors; Post-licensing and Continuing Education › Section LXVII-5501 - Real estate Vendor Approval; Applications and Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter shall apply to real estate
				  education vendors seeking approval to conduct a course of education in real
				  estate post-license and/or continuing education subjects.
B. Any individual or entity desiring to
				  conduct business in this state as a real estate education vendor shall file an
				  application for certification with the commission.
C. The application shall be in such form and
				  detail as prescribed by the commission and shall be accompanied by all
				  documentation requested therein and the certification fee(s) prescribed in
				  R.S.
				  37:1443.
D. The commission shall approve or deny a
				  real estate education vendor application within 45 calendar days after it is
				  received. Incomplete applications or a request from the commission for
				  additional information may be cause for delay beyond 45 calendar
				  days.
E. The commission may deny an
				  application for certification as a real estate education vendor for any of the
				  following reasons.
1. The applicant has been
				  convicted of forgery, embezzlement, obtaining money under false pretenses,
				  larceny, extortion, conspiracy to defraud, or theft, or has been convicted of a
				  felony or crime involving moral turpitude in any court of competent
				  jurisdiction.
2. An application
				  contains a false statement of material fact.
3. A professional license or certification
				  held by an applicant has been revoked.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 55 - Real Estate Vendors; Post-licensing and Continuing Education › Section LXVII-5503 - Surety Bonds

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicants for
				  certification as a real estate education vendor shall submit proof of a five
				  thousand dollar ($5,000) surety bond issued by an insurance company that is
				  authorized to conduct business in Louisiana.
B. Bonds shall be in favor of the state of
				  Louisiana and conditioned for the protection of the contractual rights of
				  students who attend real estate courses offered by the real estate education
				  vendor.
C. Bonds shall remain
				  effective and in force throughout the certification period of the real estate
				  education vendor
D. Proof of bond
				  renewal shall be provided to the commission annually.
E. Failure to maintain a bond shall be cause
				  for revocation or suspension of a certification.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 55 - Real Estate Vendors; Post-licensing and Continuing Education › Section LXVII-5505 - Real Estate Vendor Certifications; Initial and Renewal Certificates

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commission
				  shall issue a real estate education vendor certificate to all applicants
				  approved under this Chapter.
B. The
				  commission shall assign a certificate number that shall be included in all
				  advertisements of approved courses and on all forms, documents, and reports
				  filed with the commission.
C. A
				  vendor certification for an application that is submitted and approved after
				  October 31 may be issued effective January 1 of the following year.
D. A vendor certification shall be issued for
				  a maximum period of one calendar year and shall expire annually on December 31
				  unless an application for renewal is submitted.
E. Failure to renew a vendor certification by
				  December 31 shall result in the automatic suspension of all course approvals
				  issued under the certification, and the commission shall not accept any
				  post-license education or continuing education courses for credit, if the
				  courses were offered after the expiration of the certification.
F. Applications for delinquent renewal of a
				  vendor certification shall not be accepted by the commission after December 31.
				  Failure to renew an expired vendor certification during the prescribed
				  delinquent period of October 1 through December 31 shall result in the
				  forfeiture of renewal rights. Any real estate vendor that becomes ineligible to
				  renew a vendor certification shall apply as an initial applicant.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 55 - Real Estate Vendors; Post-licensing and Continuing Education › Section LXVII-5507 - Designated Contact Person; Duties

Current through Register Vol. 50, No. 6, June 20, 2024
A. All real estate education vendors shall
				  designate a contact person, whose duty it shall be to ensure that the
				  operations of the vendor, and all training locations, adhere to the
				  requirements of the Louisiana Real Estate License Law and the rules and
				  regulations of the commission, and who shall be held responsible to the
				  commission for any violations thereof.
B. The commission shall be notified in
				  writing within 10 days if the designated contact person for a real estate
				  education vendor is changed.
C. The
				  designated contact person shall coordinate and disseminate information
				  pertaining to amendments in the license law, rules and regulations, or policies
				  and procedures of the commission to all staff, instructors, and
				  employees.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.