Act 765 of the 2026 Regular Session (SB 398) · effective January 1, 2027

The structure we take to counsel — not an exemption hunt.

Ameridura is building a U.S.-based manufacturing operation designed to expand domestic residential construction capacity, create manufacturing jobs and produce attainable housing at scale. The company is pursuing financing through available commercial and government-backed programs, subject to lender and program requirements.

Business-plan framework. Not a legal opinion. Product: IRC modular housing as adopted by Louisiana — not HUD-code manufactured housing.

Licenses

Manufacturers must show continuing liability insurance at the statutory minimum. Ameridura’s planning figure is $1 million of manufacturer liability coverage pending binders.

Factory-built housing salesman license statutory fee: $50 original / $50 renewal (Act 765).

Ameridura Manufacturing Company

• Manufactures standardized modular homes.
• Owns and operates the factory.
• Purchases materials and components.
• Performs factory fabrication and assembly.
• Holds the appropriate Louisiana factory-built housing manufacturer authorization.
• Holds the appropriate Louisiana contractor license for the construction activities it undertakes.
• Employs the construction qualifying party as a genuine W-2 full-time employee.
• Has the properly licensed or authorized personnel for home sales.
• Develops or controls residential lots where Ameridura chooses to do so.
• Builds homes for sale.
• Sells completed homes.
• Provides the required warranty.
• Employs the Homeownership / Customer Success team.
• Operates the Realtor Partner channel as a conventional real-estate brokerage channel.

Who sells what

Do not assume the Realtor exemption covers a vacant-lot modular package

Act 765’s real-estate-broker exclusion is written around selling a manufactured home together with a lot on which that home is already installed and fixed, or immovable property on which the home is located. Independent Realtors representing buyers of Ameridura-owned lots are doing conventional real-estate brokerage. They are not thereby licensed to sell modular homes as chattel.

The clean model: Ameridura owns the lot. The buyer contracts for that lot and the selected production model as new-construction real property. Ameridura holds the construction and factory-built housing licenses. The Realtor represents the buyer.

If the contract is a lot-plus-home package, Louisiana counsel must still decide whether Ameridura also needs a factory-built housing developer license. The developer definition is written around a lot together with a manufactured home permanently installed. Modular lot-plus-home is not assumed to be automatic.

What we will not do

• Pay an unlicensed person a bonus for producing a homebuyer.
• Write a commission check to an individual agent instead of the sponsoring broker.
• Pay a referral fee for USDA, FHA, or other mortgage customers.
• Advertise a specific commission percentage on the website or the MLS until counsel locks the compensation base.
• Tell Realtors they are automatically allowed to sell modular homes because they hold an LREC license.
• Claim SBA, USDA, or any government agency endorses Ameridura.
• Promise that every property or every buyer qualifies for USDA or one-close financing.
• Put 30–40 finished lots into the $5 million manufacturing request.

Three capital facilities

Controlled inventory

Do not buy 40 lots immediately with factory capital. Control a growing pipeline. Controlled does not necessarily mean owned.

Stage 1: 10–15 controlled lots. Stage 2: 20–25 controlled lots. Stage 3: 30–40 controlled lots.

When Ameridura owns the lot, the buyer contracts for that identified lot together with the selected Ameridura production model. That is a conventional new-construction real-estate transaction, not a hunt for dirt plus a separate modular-home sale. After closing, Ameridura builds and installs the home on the lot.

The $5,000,000 request is the manufacturing platform. Residential development revolving capital is a separate facility. Do not put 30–40 finished lots into the initial manufacturing request.

Illustrative later-phase mix — not currently owned.

• Slidell — 8 lots
• New Orleans East — 6 lots
• Chalmette — 5 lots
• Kenner / Metairie outskirts — 4 lots
• Covington / Mandeville — 5 lots
• Baton Rouge — 7 lots

Control can be ownership, purchase contracts, options, development agreements, or other enforceable mechanisms, subject to lender and legal approval.

A 40-opportunity sales book does not require $1 million of cash in finished lots on day one.

VP of Construction / Qualifying Party

Louisiana Contractor Licensing: Ameridura Manufacturing Company will obtain and maintain the applicable Louisiana State Licensing Board for Contractors (LSLBC) residential contractor license. The Company’s designated Qualifying Party will use an existing NASCLA examination credential for applicable Louisiana examination credit, subject to LSLBC acceptance and completion of all remaining licensing requirements — including Louisiana Business & Law. The license belongs to Ameridura Manufacturing Company, not to NASCLA and not personally to the contractor.

Counsel opinion before launch

1. Manufacturer + dealer: confirm Ameridura Manufacturing Company must hold both before offering Louisiana modular homes.
2. Developer license: if Ameridura sells owned lots together with homes to be built, does Act 765 require a factory-built housing developer license for modular (the statute’s developer definition uses manufactured-home language)?
3. Realtor role: confirm that an LREC-licensed buyer’s agent representing the purchaser of Ameridura-owned new-construction real property does not need a factory-built housing salesman license so long as they do not sell or broker the modular home as chattel.
4. Compensation: confirm seller-paid buyer-broker compensation may be calculated on the total real-property purchase (lot + home) and paid only to the sponsoring broker at closing; confirm the lawful compensation base before any percentage is published.
5. RESPA: confirm the payment is cooperative brokerage on the real-estate transaction and not a referral fee for mortgage or USDA business.
6. USDA 7 C.F.R. § 3555.105: confirm which Ameridura lot-plus-home packages can close as combination construction-and-permanent loans, and that broker compensation is disbursed at that closing.
7. NASCLA: confirm the designated Qualifying Party’s NASCLA Building exam will be accepted as Residential Construction exam credit, and complete Louisiana Business & Law.