§ 37:1438 — Applicability

Louisiana § 37:1438

• Jurisdiction: Louisiana
• Title 37: Professions and Occupations

Text

§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, limited liability company, association, or
corporation, foreign or domestic, is the owner or lessor of the property.
(b) The unlicensed person, partnership, limited liability company, association, or
corporation, foreign or domestic, performs acts of ownership regarding the property, either
individually or through an employee or representative.
(c) The provisions of this Section shall not include any unlicensed person,
partnership, limited liability company, association, corporation, foreign or domestic, in the
business of selling or managing timeshare interests.
(2) The service rendered by an attorney at law on behalf of a client that may be
required in the normal course of other legal representation.
(3) A receiver, trustee in bankruptcy, administrator, executor, tutor, or civil sheriff
for any parish of this state.
(4) A trustee selling under a deed of trust or a mortgage.
(5) Any individual, corporation, partnership, trust, limited liability company, joint
venture, or other entity that sells, exchanges, leases, or manages its own property, except
persons, corporations, partnerships, trusts, limited liability companies, joint ventures, and
other entities that are in the business of selling timeshare interests.
(6) Any salaried person employed by a licensed real estate broker for and on behalf
of the owner of any real estate that the licensed broker has contracted to manage for the
owner, if the salaried employee is limited in his employment to the following:
(a) Delivering a lease application, a lease, or any amendment thereof to any person.
(b) Receiving a lease application, lease, or amendment thereof, a security deposit,
rental payment, or any related payment for delivery to and made payable to a property
manager or owner.
(c) Showing a rental unit to any person, as long as the employee is acting under the
direct instructions of the broker, including the execution of leases or rental agreements,
provided the broker is responsible for the actions of his employees.
(d) Providing information about a rental unit, a lease, an application for lease, or the
status of a security deposit or the payment of rent to any person.
(e) Assisting in the performance of property management functions by carrying out
administrative, clerical, or maintenance tasks.
(7) Any person employed by a housing authority to manage its property or otherwise
managing property of the Department of Housing and Urban Development, but only with
respect to the management of such property.
(8) Any person managing agricultural property.
B, C. Repealed by Acts 1995, No. 1207, §2.

Legislative History

Acts 1990, No. 893, §1; Acts 1995, No. 1207, §§1, 2; Acts 2016, No. 533, §1.