Necessary Documentation and Privacy Considerations

LOUISIANA REALTORS • April 1, 2020

CORONAVIRUS: NECESSARY DOCUMENTATION AND PRIVACY CONSIDERATIONS[1] 

By:  Patricia B. McMurray, JD and Melissa M. Grand, JD
 Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
450 Laurel Street, Chase Tower North, 21st Floor
Baton Rouge, Louisiana 70801
        In this uncertain time, it is critical that REALTORS® consider what paperwork related to COVID-19 they should be maintaining.  Federal loan programs, like the new CARES Act, and other grant programs require that certain documents be submitted in the application process to prove the loss sustained as a result of the pandemic. You might have business interruption insurance or be eligible for other new programs that are still being formulated if you can show your lost income.  Not having proper documentation may mean not being able to apply for or receive certain loans, grants, or other funds.  Additionally, REALTORS® may be collecting confidential documentation, such as health information in a coronavirus screening questionnaire from clients, employees, and independent contractors.  REALTORS® also store personal and confidential information of clients and employees during the regular course of their business.  Maintaining the confidentiality and security of this information obtained by your business is important.      

1. What documentation should I be keeping as I consider applying for various reimbursement programs, loans, grants, business interruption insurance or other sources of funding? 

Short Answer:     In addition to your general record-keeping practices, we suggest that you maintain documentation of any COVID-19 related expenses or losses separately from other payments and expenses, if possible.   

The CARES Act created two new Small Business Administration (SBA) initiatives: the SBA 7(a) “Payroll Protection Program” and the SBA “Economic Injury Disaster Loan” (EIDL) grant program. Visit SBA's Disaster Assistance website for more detailed information on these programs. See also, the National Association of REALTORS®’ (NAR) guidance on the CARES Act and REALTOR® Magazine article on new small business loans.  As the U.S. Chamber of Commerce guidance explains, in evaluating eligibility under the CARES Act, lenders will ask for a good faith certification that the uncertainty of current economic conditions makes the loan request necessary to support ongoing operations.  It is a best practice to maintain detailed documentation of your COVID-19 related payments and expenses separately from your regular business payments and expenses, for your use in demonstrating the economic impact of COVID-19 on your business.  For example, emails, copies of texts or correspondence related to closings which were canceled because of delays related to the Governor’s Stay Home Orders, documentation of canceled open houses, etc. should be retained. 

Other information you may be asked to provide in applying for a loan under the CARES Act includes basic identifying information for your business, your business TIN number, your average monthly payroll, the number of jobs supported by your company and what specifically you want to use the loan money for. See Treasury.gov.  You will also be asked to list all owners who hold at least a 20 percent ownership stake in the company and affirm that they are not party to federal crimes.  See id.  Also, you may be asked to provide the lender with documentation regarding your employee headcount over time, as well as your payroll costs. Tax returns may also be required.      

2. I am requesting that all clients complete a coronavirus questionnaire before they enter a property I am showing.  I am also asking my employees and independent contractors to complete a coronavirus questionnaire form and self-report if they have been exposed to coronavirus.  What should I do with these completed forms?  

Short Answer:     You should maintain a copy of the screening forms when completed.  Keep the completed forms secure and confidential such as in a locked filing cabinet or password-protected electronic file.  

The information collected on the screening forms may contain medical information and should be treated as confidential.  The National Association of REALTORS® guidance on general document retention may be found here. Also Louisiana REALTORS® (LR) discussed coronavirus screening questionnaires and provided sample questions in LR’s article on hold harmless agreements, here.  

3. What are my obligations to generally maintain documents? 

Short Answer:     You must maintain certain records for 5 years pursuant to the real estate license law. Keep the documents properly indexed, and secure (physically secure, for example in locked cabinets, and/or electronically secure) to preserve client privacy and confidentiality.  

LA. R. S. §1449D1 provides:

D. (1)  Individual real estate brokers shall retain all of the following records, readily available and properly indexed, for a period of five years:

(a) Bank statements, copies of deposit slips, and canceled checks on all escrow or trust accounts.

(b) Copies of all documents that pertain in any way to real estate transactions wherein the individual real estate broker or licensees sponsored by the individual real estate broker have appeared in a licensing capacity.

(2) The requirement regarding copies shall not be altered by the transfer of a broker to that of an associate broker, an unlicensed person, or an inactive licensee.

E.(1) Partnerships, limited liability companies, associations, corporations, or other legal entities, foreign or domestic, and real estate brokers shall retain the following records, readily available and properly indexed, for a period of five years:

(a) Bank statements, copies of deposit slips, and canceled checks on all escrow or trust accounts.

(b) Copies of all documents that pertain in any way to real estate transactions wherein the partnership, limited liability company, association, corporation, or other legal entity, foreign or domestic, the designated qualifying broker, or licensees sponsored by same, have appeared in a licensing capacity.

(2) This requirement, regarding copies, shall not be altered by the partnership, limited liability company, association, corporation, or other legal entity, foreign or domestic, transferring the broker license to the inactive status or failure to renew such license.

All businesses, including real estate firms, should have policies and procedures in place for keeping client information secure and disposing of consumer information in a manner that preserves client privacy and confidentiality.  A comprehensive data security plan will ensure that businesses collect only the consumer information needed, keep the information safe, and dispose of the information securely.  

            There is no one-size-fits all approach to data security and compliance, but many resources exist to assist businesses in complying with their legal responsibilities.  Available resources include:

  • The National Association of REALTORS® 2011 Data Security and Privacy Toolkit; 
  • FTC Publication, “Protecting Personal Information: A Guide for Business,” available at ftc.gov; and
  • Additional FTC resources on Data Security are available at ftc.gov.



DISCLAIMER

Information and additional guidance and orders regarding the pandemic are being issued daily.  The information is the article was last updated on April 1, 2020 at 12:30 p.m.  

These materials are to be used for informational purposes and should not be construed as specific legal advice.  These materials are not designed to cover every aspect of a legal situation for every factual circumstance that may arise regarding the subject matter included.

This publication is for reference purposes only and association members or other readers are responsible for contacting their own attorneys or other professional advisors for legal or contract advice.  The comments provided herein solely represent the opinions of the authors and is not a guarantee of interpretation of the law or contracts by any court or by the Louisiana Real Estate Commission.


By Louisiana REALTORS® April 10, 2026
This week at the Capitol, Louisiana REALTORS® saw meaningful movement on several issues that directly impact the real estate industry. Most notably, HB 468 by Representative Troy Hebert, a key part of our legislative agenda, passed the House unanimously, 96–0, and now heads to the Senate. The bill creates a clear framework for regulating residential real estate wholesaling, strengthens disclosure requirements and gives the Louisiana Real Estate Commission enforcement authority, including penalties for violations. That vote margin speaks for itself and reflects strong bipartisan support for greater transparency and accountability in this market segment. We are also closely engaged on legislation tied to blight, redevelopment and property rights. HB 217 by Representative Chance Henry, which authorizes an optional property tax exemption for blighted or derelict properties that have been rehabilitated, and ties that exemption to local redevelopment plans, passed the House floor by an 84–12 vote. It is now moving through the Senate process. Louisiana REALTORS® supports HB 217 because it creates another tool to encourage redevelopment, return distressed property to productive use and strengthen communities when implemented responsibly. Louisiana REALTORS® also support Representative John Wyble’s HB 284 , which would authorize certain parishes and municipalities to address blighted property through a declaration-of-taking process in limited jurisdictions. HB 284 is currently subject to a call on House final passage. While any proposal involving expropriation deserves careful attention, we support the goal of giving communities practical tools to deal with truly blighted and abandoned property that drags down surrounding neighborhoods, depresses property values and slows local recovery. Insurance remains one of the biggest issues of the session and continues to affect housing affordability and market stability across Louisiana. Lawmakers are working on proposals to reduce premiums, increase competition and improve the overall insurance climate. The Fortified Roof Program continues to generate significant discussion and, candidly, a fair amount of noise, but Louisiana REALTORS® and our coalition partners are actively monitoring all avenues to ensure the final result is practical and beneficial for homeowners, and the broader real estate market. These conversations remain closely tied to tort reform, which continues to be a major part of the effort to address insurance costs and availability. We are also monitoring HB 673 by Representative Phelps , which would authorize the state fire marshal to require owners or lessees of abandoned or blighted structures to install and maintain exterior security cameras and retain footage for at least 30 days. Louisiana REALTORS® opposes this bill because it creates a costly new mandate on property owners without addressing the root causes of blight, and it could create additional liability and compliance burdens for property owners, property managers and others involved in distressed property. At this time, the bill remains pending in the House Commerce Committee and is slated to be heard next week. We also remain actively engaged on several other priorities within our legislative agenda including ongoing work on vacant property disclosure and efforts to provide greater clarity on appraiser liability related to carbon monoxide detector requirements. In particular, we are working closely with the Louisiana Real Estate Commission and Representative Carver to position HB 1166 in the strongest and most workable posture possible, with a clear focus on protecting Louisiana real estate agents and their clients from unnecessary liability, reducing confusion in the transaction process, and ensuring that any new disclosure requirements are practical, fair and clearly defined. Our goal is to ensure the final product supports consumer transparency without imposing undue burdens on our members and not exposing agents across Louisiana to unintended risk. As the session continues, Louisiana REALTORS® will remain focused on protecting consumers, supporting responsible redevelopment, defending private property rights and advancing sound policy that strengthens the real estate market for our members and the clients they serve. Please view the weekly bill tracking report provided by our lobbying team over at Harris, DeVille and Associates.
By Louisiana REALTORS® April 3, 2026
This week, the Legislature remained in high gear, and several items relevant to Louisiana’s real estate market moved into focus. The biggest headline for our industry this week was HB 468 by Rep. Troy Hebert , our wholesaling/consumer-protection bill, was slated to be heard on the House floor, however was bumped due to floor congestion and out-of-order bills. It is now expected to be reset for next Tuesday. This bill remains one of the clearest “market integrity” efforts on the board with clearer rules for non-traditional transactions, stronger transparency and better consumer protections. We also continued substantive policy work behind the scenes. We are actively engaging with Rep. Carver on a vacant land disclosure bill he has authored, and we appreciate that he is welcoming our input and guidance as the language is refined. Our goal is straightforward: ensure any vacant land disclosure framework is practical, reduces confusion and avoids unintentionally shifting liability or enforcement burdens onto real estate professionals. In addition, we were pleased to deepen our relationships at the Capitol this week. We had the privilege of hosting a lunch for the Governor’s Office, enjoyed meeting Governor Landry’s team, and look forward to working with them in a constructive, solutions-oriented manner as the session continues. Finally, Rep. Hebert also filed an additional measure that aligns with our legislative agenda and speaks directly to transaction risk management: HB 1027 , which would limit liability for licensed real estate appraisers in situations involving smoke and carbon monoxide detector compliance. The current law already provides that real estate agents are not liable for a seller’s failure to comply with Louisiana’s detector requirements in one- or two-family dwellings. HB 1027 would extend that same liability protection to licensed appraisers by amending R.S. 40:1581(F). This is a clean, common-sense clarification that helps prevent appraisers from being pulled into compliance disputes that properly belong with the seller’s statutory obligations. Next week, committees are scheduled to hear multiple bills relevant to real estate, including measures involving construction and roofing standards (often tied to insurance and mitigation), property rights/expropriation, and property tax and adjudicated property issues that can influence housing supply and neighborhood reinvestment. We will stay closely engaged and will flag any bills or amendments that materially affect transactions, homeownership costs or private property rights. Please view the weekly bill tracking report provided by our lobbying team over at Harris, DeVille and Associates.
By Louisiana REALTORS® April 2, 2026
Louisiana REALTORS® is compiling a cookbook of Louisiana flavor with a REALTOR® heart in support of the REALTORS® Relief Foundation . And we have two ways for you to get involved:  Join us in contributing your favorite recipe using this online form. If you want to include a picture with your recipe, send to info@larealtors.org and reference recipe title in email subject. Or share your creativity by designing the cover artwork for the cookbook. A small committee will review all entries and choose one to print on the cover. Stay tuned for more details on when you can grab your own copy of the cookbook! Cover artwork and recipes are due by April 17th.
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