La. Admin. Code tit. 46, § LXVII-2901 - Escrow Disputes
A.
When a dispute exists in a real estate transaction regarding the ownership or
entitlement to funds held in a sales escrow checking account, the broker
holding the funds shall send written notice to all parties and licensees
involved in the transaction. Within 60 days of the scheduled closing date or
knowledge that a dispute exists, whichever occurs first, the broker shall do
one of the following:
1. disburse the funds
upon the written and mutual consent of all of the parties involved;
2. disburse the funds upon a reasonable
interpretation of the contract that authorizes the broker to hold the funds.
Disbursement may not occur until 10 days after the broker has sent written
notice to all parties and licensees;
3. place the funds into the registry of any
court of competent jurisdiction and proper venue through a concursus
proceeding;
4. disburse the funds
upon the order of a court of competent jurisdiction.
5. disburse the funds in accordance with the
Uniform Unclaimed Property Act of 1997 as set forth in
R.S. 9:151 et
seq.
Notes
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A. When a dispute exists in a real estate transaction regarding the ownership or entitlement to funds held in a sales escrow checking account, the broker holding the funds shall send written notice to all parties and licensees involved in the transaction. Within 60 days of the scheduled closing date or knowledge that a dispute exists, whichever occurs first, the broker shall do one of the following:
1. disburse the funds upon the written and mutual consent of all of the parties involved;
2. disburse the funds upon a reasonable interpretation of the contract that authorizes the broker to hold the funds. Disbursement may not occur until 10 days after the broker has sent written notice to all parties and licensees;
3. place the funds into the registry of any court of competent jurisdiction and proper venue through a concursus proceeding;
4. disburse the funds upon the order of a court of competent jurisdiction.
5. disburse the funds in accordance with the Uniform Unclaimed Property Act of 1997 as set forth in R.S. 9:151 et seq.