2006 Louisiana Laws - RS 37:1437 — Application for license

§1437.  Application for license

A.  Any person desiring to act as a real estate broker or as a real estate salesperson, or any corporation, partnership, limited liability company, or any other legal entity desiring to conduct real estate activity in this state, shall file an application for a license with the commission.  The application shall be in such form and detail as the commission shall prescribe, setting forth the following:

(1)  The name and address of the applicant and the name under which the applicant intends to conduct business.

(2)  The place or places, including the city or village with the street and street number, if any, where the business is to be conducted.

(3)  Such other information as the commission shall require.

B.(1)  Licenses shall be granted only to persons or entities who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate activities requiring licensing in this state in such a manner as to safeguard the interest of the public, and only after satisfactory proof of such qualifications has been presented to the commission.

(2)  When an 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 a crime involving moral turpitude in any court of competent jurisdiction, such untrustworthiness of the applicant, and the conviction, may in itself be sufficient grounds for refusal of a license.

(3)  When an applicant has made a false statement of material fact on his application, such false statement may in itself be sufficient grounds for refusal of a license.

(4)  Grounds for suspension or revocation of a real estate license in Louisiana or any other jurisdiction, or the previous suspension or revocation, of a real estate license in Louisiana or any other jurisdiction shall also be grounds for refusal to grant a license.

C.(1)  No individual real estate broker or salesperson's license shall be issued to any person who has not attained the age of eighteen years.  No individual real estate broker or salesperson's license shall be issued to any person who is not a high school graduate or the holder of a certificate of high school equivalency.

(2)(a)  All applicants for an initial individual real estate broker's license shall have first served actively for two years as a real estate salesperson and shall show evidence satisfactory to the commission that they have satisfactorily completed at least one hundred fifty hours or its equivalent of instruction in real estate courses approved by the commission prior to licensure.  Satisfactory completion includes passage of an examination on course contents.

(b)  At least thirty hours of the broker educational requirement shall be obtained in coursework emphasizing broker responsibilities.

(c)  Each person obtaining a real estate broker's license shall complete thirty additional hours within the first full calendar year of licensure, which additional hours shall satisfy the required continuing education requirements for that year.  Such hours shall be in subjects required by the commission including but not limited to  laws, rules and regulations changes, finance, and the handling of funds.

(3)  The commission, through its education division, may accept real estate related credit hours from an accredited college or university as partial substitution of the broker licensing educational requirement.

(4)  The commission shall have the authority to accept experience in the real estate business or related fields as credit toward fulfillment of the education requirements set forth herein.

(5)(a)  All applicants for a salesperson's license shall show evidence satisfactory to the commission that they have completed ninety hours or its equivalent of instruction in real estate coursework approved by the commission prior to licensure.  Satisfactory completion includes passage of an examination on course contents.

(b)  Each person obtaining a salesperson's license shall complete thirty additional hours within the first full calendar year of licensure, which additional hours shall satisfy the required continuing education requirements for that year.  Such hours shall be in subjects required by the commission including but not limited to  laws, rules and regulations changes, finance, and the handling of funds.

(6)(a)(i)  In addition to the other education requirements set forth in this Chapter, the license of an individual real estate broker or salesperson shall not be renewed unless the broker or salesperson shall furnish proof of completion of eight hours per year of continuing education pertaining to matters, including but not limited to laws, rules, and regulations relative to licensing, appraisal, finance, taxes, zoning, environmental quality, and the United States Department of Housing and Urban Development.  Beginning January 1, 2001, four of the required annual continuing education hours shall be in subjects specified by the commission.

(ii)  The commission shall promulgate rules and regulations necessary to implement the continuing education requirement and may mandate the completion of courses in specific real estate related subjects.  However, such rules and regulations shall not require passage of an examination in order to satisfy the continuing education requirement.

(iii)  The commission shall offer courses sufficient to satisfy the continuing education requirement at no charge to the licensee.

(b)  Repealed by Acts 1995, No. 1207, §2.

(c)  Repealed by Acts 1999, No. 452, §3.

D.  Every applicant for a license shall submit a sworn statement attesting that he has knowledge of and understands the provisions of the Fair Housing Act of 1968 and the Louisiana Equal Housing Opportunity Act, and any amendments thereto or any successor legislation subsequently following, and that he shall not induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into an area, subdivision, or neighborhood of a person or persons of a particular race, color, religion, or national origin.

E.  A nonresident may obtain a broker's or salesperson's license and engage in the real estate business in this state under conditions prescribed by the commission.

Acts 1978, No. 514, §1.  Amended by Acts 1978, No. 658, §1; Acts 1979, No. 404, §1; Acts 1980, No. 492, §1; Acts 1981, No. 309, §1; Acts 1989, No. 655, §1, eff. Jan. 1, 1990; Acts 1991, No. 642, §1; Acts 1993, No. 886, §1; Acts 1995, No. 1207, §§1, 2; Acts 1997, No. 220, §1; Acts 1997, No. 845, §1; Acts 1997, No. 1141, §2; Acts 1999, No. 452, §3; Acts 1999, No. 629, §1, eff. Jan. 1, 2000; Acts 2001, No. 924, §1.