LA Real Estate study materials
LA Real Estate study resources

LA Real Estate key terms

LA Real Estate · Get comfortable with the vocabulary.

Louisiana Real Estate Commission (LREC)

The state agency created by the Louisiana Real Estate License Law that licenses brokers and salespersons, adopts rules, investigates complaints against licensees, and imposes discipline for violations.

Related: Salesperson License, Broker License
Salesperson License

A Louisiana credential allowing a person to perform real estate brokerage activities for compensation while working under the supervision of a licensed sponsoring broker.

Related: Broker License, Sponsoring Broker
Broker License

A Louisiana credential that authorizes a person to operate a real estate brokerage, supervise licensees, and provide brokerage services independently rather than under another broker.

Related: Salesperson License, Sponsoring Broker
Sponsoring Broker

The licensed broker who engages a salesperson, oversees that licensee's transactions, safeguards trust funds, and answers to the Commission for the salesperson's brokerage activity.

Related: Salesperson License, Trust Account
Trust Account

A separate bank account a broker uses to hold money belonging to clients or transaction parties, such as deposits and rents, apart from the broker's own operating funds.

Related: Commingling, Earnest Money
Commingling

Mixing client or transaction money with the broker's personal or business funds, or otherwise failing to keep trust money in a properly maintained separate account; a licensing violation.

Related: Trust Account, Earnest Money
Continuing Education

Periodic coursework Louisiana licensees must complete to renew an active license, covering required topics such as agency, contracts, and Commission rules.

Related: Louisiana Real Estate Commission (LREC), Salesperson License
Agency Relationship

A consensual arrangement in which one person, the agent, acts on behalf of another, the principal, and owes that principal duties set by law and by their agreement.

Related: Fiduciary Duty, Client
Client

The principal who has an agency agreement with a licensee and therefore receives fiduciary duties, advocacy, and confidential treatment from that licensee.

Related: Customer, Fiduciary Duty
Customer

A person a licensee helps in a transaction without any agency agreement, receiving honest and fair dealing but not fiduciary loyalty or confidentiality.

Related: Client, Agency Relationship
Fiduciary Duty

The heightened legal obligation an agent owes a client, commonly summarized as care, obedience, loyalty, disclosure of material information, accounting for money, and confidentiality.

Related: Client, Agency Relationship
Dual Agency

A situation in which the same brokerage represents both the buyer and the seller in one transaction, permitted only after both parties give informed written consent.

Related: Agency Disclosure, Client
Agency Disclosure

The written notice Louisiana licensees give consumers explaining whom they represent, the duties owed, and the choices available before confidential information is shared.

Related: Dual Agency, Client
Procuring Cause

The broker whose efforts began an uninterrupted chain of events that produced a completed sale, forming the basis for a claim to the commission.

Related: Agency Relationship, Sponsoring Broker
Residential Agreement to Buy or Sell

The standard Louisiana purchase contract stating price, closing date, inspections, financing, and other terms under which a buyer agrees to buy and a seller agrees to sell.

Related: Contingency, Earnest Money
Counteroffer

A reply that changes the terms of an offer, which rejects the original offer and places a new proposal before the other party for acceptance or further negotiation.

Related: Residential Agreement to Buy or Sell
Earnest Money

A deposit a buyer provides to show good faith and serious intent, usually held in trust and credited to the buyer at closing or forfeited if the buyer defaults.

Related: Trust Account, Contingency
Contingency

A contract condition that must be met, such as obtaining financing or a satisfactory inspection, before a party must complete the purchase; failure may allow cancellation.

Related: Earnest Money, Residential Agreement to Buy or Sell
Act of Sale

The Louisiana notarial document that transfers ownership of immovable property from seller to buyer and is recorded in the parish conveyance records.

Related: Legal Description, Bond for Deed
Bond for Deed

A Louisiana installment contract in which the buyer pays the price over time and receives title only after full payment, while the seller keeps title in the meantime.

Related: Act of Sale, Collateral Mortgage
Collateral Mortgage

A Louisiana mortgage given to secure a separate mortgage note that the lender holds; it may later secure additional or reissued loans without a new mortgage document.

Related: Act of Sale
Closing Disclosure

The settlement statement a mortgage borrower receives before closing that itemizes loan terms, closing costs, prorated items, and the cash needed to close.

Related: Proration, RESPA
Proration

Dividing ongoing costs such as property taxes, rent, and association dues between buyer and seller at closing according to the number of days each owns the property.

Related: Closing Disclosure
Community Property

Louisiana's default marital property system under which things acquired during the marriage through the spouses' efforts generally belong half to each spouse.

Related: Usufruct, Homestead Exemption
Usufruct

A Louisiana right to use and enjoy another person's property and take its fruits while someone else holds title, ending at a set term or at death.

Related: Predial Servitude, Community Property
Predial Servitude

A Louisiana burden placed on one parcel of land, the servient estate, for the benefit of another parcel, the dominant estate, such as a right-of-way or drainage path.

Related: Encumbrance, Usufruct
Homestead Exemption

A Louisiana tax benefit that removes a set amount of the assessed value of an owner's primary residence from parish property taxation.

Related: Community Property
Redhibition

A Louisiana seller's warranty against hidden defects in the property that make it unfit for its intended use or cut its value so much the buyer would not have purchased.

Related: Act of Sale, Residential Agreement to Buy or Sell
Legal Description

A method of identifying real property precisely enough to locate it in public records, using metes and bounds, lot-and-block references, or government survey coordinates.

Related: Act of Sale
Highest and Best Use

The reasonably probable use of a property that is legally permissible, physically possible, financially feasible, and produces the highest present worth.

Related: Restrictive Covenant
Encumbrance

A right or interest held by someone other than the owner that limits use of the property or affects its value, such as a mortgage, lien, or servitude.

Related: Predial Servitude, Collateral Mortgage
Restrictive Covenant

A private recorded restriction that limits how land may be used or built upon, enforceable by affected owners and binding on later purchasers of the property.

Related: Encumbrance
Fair Housing Act

The federal law barring discrimination in the sale, rental, and financing of housing because of race, color, religion, sex, national origin, disability, or familial status.

Related: Steering
Steering

Directing prospective buyers or tenants toward or away from particular neighborhoods based on protected characteristics such as race or familial status, which violates fair housing law.

Related: Fair Housing Act
Price Fixing

An agreement among competitors on commission rates or other terms of trade that reduces competition and violates antitrust law, even when discussed informally.

Related: Undisclosed Compensation
Undisclosed Compensation

A licensee receiving or paying a fee, referral, or other thing of value in a transaction without the knowledge and consent of the parties, an ethics and licensing violation.

Related: Price Fixing, RESPA
Louisiana Unfair Trade Practices Act

A Louisiana statute that prohibits deceptive or unfair commercial practices and can be used to sue a licensee for consumer harm arising from a transaction.

Related: Commingling
RESPA

The federal Real Estate Settlement Procedures Act, which requires disclosure of settlement costs, limits certain escrow charges, and prohibits kickbacks for referrals of federally related mortgage business.

Related: Closing Disclosure, Undisclosed Compensation