ACT 178 OF THE 2001 REGULAR LEGISLATIVE SESSION
RE: SEX OFFENDER NOTIFICATIONS
Act 178 of the 2001 Regular Session became effective on August 15, 2001 relative to written agreements and contracts that are entered into on or after January 1, 2002.
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 (registered sex offenders). 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.
The provisions of Act 178 require you to give notice as stated above. The following is a SAMPLE notice. The language contained therein is not intended to replace the advice of competent legal counsel.
Notice: The Louisiana Bureau of Criminal Identification and Information maintains a state Sex Offender and Child Predator Registry. It is a public access database of the locations of individuals who are required to register pursuant to LSA-R.S. 15:540 et seq. Sheriff's departments and police departments serving jurisdictions of 450,000 also maintain such information. The state Sex Offender and Child Predator Registry database can be accessed at http://www.lsp.org/socpr/default.html and contains address, pictures, and conviction records for registered offenders. The database can be searched by zip code, city, parish, or by offender name. Information is also available by phone at 1-800-858-0551 or 1-225-925-6100 or mail at P.O. Box 66614, Mail Slip #18, Baton Rouge, LA, 70896. You may also e-mail State Services at SOCPR@dps.state.la.us for more information.
R.S. 37:1470 requires the LREC to approve a mold informational pamphlet that licensees may distribute to buyers. Any licensee who chooses to provide a mold informational pamphlet must do so in accordance with Chapter 38 of the Louisiana Real Estate Commission Rules and Regulations. Click here to download pamphlets approved by the LREC (pictured on right).
Included below is sample language that can be used in purchase agreements, lease agreements or in separate agreements as proof that the licensee has provided the buyer with mold information, in accordance with the the law and rules. Sample language is not intended to replace the advice of competent legal counsel.
(The standarized Residential Agreement to Buy or Sell contains mold related hazard language.)
Purchaser/lessee acknowledges that information regarding mold disclosure was made by the real estate agent in the following manner:
Purchaser/lessee was directed to the mold informational pamphlets maintained on the United States Environmental Protection Agency (EPA) website at http://www.epa.gov/iaq/molds/index.html.
Purchaser/lessee received the mold informational pamphlets maintained on the United States Environmental Protection Agency (EPA) website at http://www.epa.gov/iaq/molds/index.html.
The LREC receives numerous inquiries regarding the activities of secretaries and assistants. The following information is based on the most frequently asked questions. It is not all inclusive, and it is not intended to replace the advice of competent legal counsel.
It is recommended that you review the Louisiana Real Estate License Law for additional information. See R.S. 37:1431 for a description of activities that require a real estate license.
Unlicensed secretaries and assistants can:
1. Answer the phone and forward calls to licensee
2. Submit listings and changes to a multiple listing service
3. Follow up on loan commitments after a contract has been negotiated
4. Place signs on listed property
5. Order items of routine repair as directed by licensee
6. Prepare flyers and promotional information for approval by licensee and supervising broker
7. Type contract forms as directed by licensee and supervising broker
8. Act as courier service to deliver documents, pick up keys, etc.
9. Schedule appointments for licensee to show listed property
10. Secure public information documents from courthouse, sewer district, water district, etc.
11. Have keys made for company listings
12. Write ads as directed by licensee and supervising broker and place advertising (promotional information, newspaper ads, etc.)
Unlicensed secretaries and assistants can NOT:
1. Host an open house
2. Prepare promotional material or ads without the review and approval of licensee and supervising broker
3. Show property listed for sale
4. Answer any questions on listing
5. Discuss or explain a contract, listing, or other real estate document with anyone outside the firm
6. Be paid on the basis of real estate activity, such as a percentage of commission, or any amount based on listings, sales, etc.
7. Negotiate or agree to any commission, commission split, management fee or referral fee on behalf of a licensee