Louisiana Act 458 and Real Estate Agents

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.