The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Angela L. De Jean.
DIGEST
SB 191 Reengrossed 2019 Regular Session Chabert
Proposed law provides that no action for damages against any real estate appraiser, appraisal
management company, or real estate appraisal company, arising out of an engagement to perform
real estate appraisal services, shall be brought unless filed within one year from the date of the act,
omission, or neglect, or within one year from the date that the alleged act, omission, or neglect is
discovered or should have been discovered, but in all events such actions shall be filed at the latest
within three years from the date of the act, omission, or neglect.
Provides that proposed law is remedial and applies to all causes of action without regard to the date
when the alleged act, omission, or neglect occurred.
Proposed law provides that the one-year period of limitation is prescriptive within the meaning of
Civil Code Art. 3447. Further provides that the three-year period of limitation is a peremptive period
within the meaning of Civil Code Art. 3458 and, in accordance with Civil Code Art. 3461, may not
be renounced, interrupted, or suspended.
Provides that the prescriptive and peremptive periods in all actions shall be subject to the provisions
of proposed law.
Proposed law shall not apply in cases of fraud and shall not apply to any proceedings initiated by the
La. Real Estate Appraisers Board.
Effective August 1, 2019.
(Adds R.S. 9:5610)
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Provides that the one-year limitation period for a cause of action is prescriptive in
accordance with Civ. Code Art. 3447.
2. Provides that the three-year limitation period for a cause of action is peremptive in
accordance with Civ. Code Art. 3458 and may not be renounced, interrupted, or
suspended in accordance with Civ. Code Art. 3461.
3. Removes language requiring the scope of the duty to clients and nonclients be
determined exclusively by applicable Louisiana rule of law regardless of the domicile of the parties involved.