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HCS/SB 36 - This act modifies provisions relating to real estate. IMMUNITY OF REAL ESTATE LICENSEES (Section 339.190) This act expands the immunity of real estate licensees to include information about the size or area of a property or of improvements to property if the information was from a source other than the real estate licensee or the seller and the source is disclosed by the licensee. However, such licensee shall not have immunity if he or she knew the information was false, or acted with reckless disregard as to whether such information was true or false. This provision is identical to SS/SB 920 (2018), substantially similar to HB 106 (2019), and is similar to HB 1954 (2018). PROPERTY DESCRIPTIONS (Section 442.135) Under this act, if a property is subdivided and a new property description is created, such description shall include the name and professional license number of the person that created the property description. This act prohibits any person from submitting for recording, a conveyance of any property unless the property description receives such information. This provision is identical to HCS/HB 770 (2019). JOSIE BUTLER HA #1: UNDER THIS AMENDMENT, A REAL ESTATE LICENSEE SHALL BE IMMUNE FROM LIABILITY FOR THE ACCURACY OF ANY INFORMATION ABOUT THE SIZE OF THE PROPERTY IF THE REAL ESTATE LICENSEE RECEIVED THE INFORMATION FROM A THIRD PARTY, RATHER THAN FROM A SOURCE OTHER THAN THE REAL ESTATE LICENSEE OR SELLER, AND THE LICENSEE DISCLOSES THE SOURCE OF THE INFORMATION PRIOR TO AN OFFER TO PURCHASE BEING TRANSMITTED TO THE SELLER. THIS AMENDMENT IS IDENTICAL TO HB 106 (2019). HA #2: CURRENT LAW PROVIDES THAT IN LANDLORD-TENANT ACTIONS, DEFENDANTS HAVE 10 DAYS FROM THE DATE OF A JUDGMENT TO FILE A MOTION TO SET ASIDE JUDGMENT OR REQUEST A NEW TRIAL. UNDER THIS AMENDMENT, SUCH DEFENDANT WILL HAVE 5 DAYS. THIS AMENDMENT IS IDENTICAL TO HB 899 (2019).
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