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Louisiana Act 458 and Real Estate Agents

Louisiana REALTORS® • June 22, 2022

Carbon Monoxide Detectors and What You Need to Know


During the most recent Louisiana Legislative Session, Act 458 was signed into law.  The bill, authored by Representative Stephanie Hilferty, Jefferson Parish, Vice Chair of the House Commerce Committee and REALTOR®, was supported by the Louisiana REALTORS® after consideration by our bill review team. 


Following Hurricane Ida, Louisiana lost six citizens due to carbon monoxide poisoning from improper generator use. Following Hurricane Laura, ten died from carbon monoxide poisoning. The presence of a carbon monoxide detector may have prevented these 16 deaths.  Act 458 addresses this safety issue and will become effective on January 1, 2023.  It stipulates that all existing one- or two-family dwellings be required to have a carbon monoxide detector with a long-life, sealed battery at the time the dwelling is sold or leased.  This is a requirement for all existing one or two family dwellings and not just those with gas sources.   


Please note that while this will now be a requirement, a real estate agent cannot be held liable if a home is sold without one of these devices.   Failure to have one of these devices cannot be used as a reason for nonpayment of any insurance claim and cannot cause a delay or a stop the transfer of a property.




For more information on Act 458
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As previewed last week, NAR is pleased to share the latest consumer guide focused on alternative listing options. This guide covers the role that MLSs play in marketing a home, office exclusive and delayed marketing exempt listing options, and the disclosure required when filing an exempt listing. For additional information and helpful resources on the new Multiple Listing Options for Sellers policy, please check out facts.realtor . As a reminder, all guides in this series are available for download—in both English and Spanish—on facts.realtor . Please allow a few days for the Spanish version of the latest resource to be translated and uploaded. For ease of reference, below is a list of the most recent guides: NEW: Alternative Listing Options Navigating Multiple Offers Homeowners Associations Marketing Your Home Seller Disclosures Thank you for continuing to engage with the “Consumer Guide” series and for sharing the resources with prospective clients to ensure they have the information they need to find success in their homebuying or selling journey. Remember that these guides are for informational purposes only and are not meant to enact or change any existing NAR policy. Be on the lookout for next week’s guide on Wednesday, which will cover deeds and titles.
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