Louisiana § RS 37:1438 - Applicability

§ RS 37:1438. 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.

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