Seller disclosure requirements in Louisiana

Is a disclosure form required?

Yes. R.S. 9:3198(A)(1) says the seller “shall complete a property disclosure document in a form prescribed by the Louisiana Real Estate Commission or a form that contains at least the minimum language prescribed by the commission.” The duty applies to sales, exchanges, bonds for deed and lease-options, whether or not a real estate agent is involved (R.S. 9:3197(A)). It covers “residential real property,” defined as one to four residential dwelling units (R.S. 9:3196).

The Commission’s 2026 form took effect on January 1, 2026. It is on lrec.gov.

A change coming January 1, 2027. Act 708 of the 2026 session, shown on the Legislature’s site with an effective date of Jan. 1, 2027, extends the same chapter to “vacant residential property” (land zoned or intended for residential use). Until then, the chapter covers homes of one to four units.

What the form covers

The statute requires the document to disclose, at a minimum, known defects: conditions the seller actually knows about that substantially hurt the property’s value, significantly impair occupants’ health or safety, or significantly shorten the property’s expected life (R.S. 9:3196). The law also requires statements on:

• whether the buyer must join a homeowners’ association, and whether the property is subject to restrictive covenants or building restrictions;
• whether an illegal methamphetamine laboratory was ever on the property;
• whether a salt-dome cavity lies underneath, and whether the property is within 2,640 feet of a solution-mining injection well;
• whether the property is zoned commercial or industrial (R.S. 9:3198(A)(2) and (5)).

The seller completes it “in good faith to the best of the seller’s belief and knowledge.” A seller with no knowledge of an item says so (R.S. 9:3198(B)(1)). The document is not a warranty, is not part of the sales contract, and does not replace an inspection (R.S. 9:3198(D)). A buyer should still order a home inspection.

Timing and the 72-hour right to cancel

See earnest money for how deposits work. If something disclosed becomes inaccurate after delivery because of a later event, the seller has not violated the chapter (R.S. 9:3198(C)).

Which sales are exempt?

R.S. 9:3197(B) lists 14 exempt transfers. Among them are transfers ordered by a court, foreclosure sales, transfers by a lender that took the home through foreclosure or a deed in lieu, transfers by an executor or succession administrator, never-occupied new construction, transfers between co-owners, transfers to a spouse or a blood relative, transfers between spouses in a divorce, transfers to or from a government entity, and transfers to an inter vivos trust. The Commission’s form has the seller check which exemption applies.

What happens if a seller does not disclose?

Two bodies of law apply.

The disclosure chapter. A seller is not liable for an error, inaccuracy or omission if it was not a “willful misrepresentation” according to the seller’s knowledge and belief, or if it came from a public body or a professional the seller reasonably trusted (R.S. 9:3198(E)). A transfer is not invalidated just because someone failed to comply (R.S. 9:3198(B)(3)(c)). Real estate licensees must tell their clients about these duties, and a seller’s agent is not liable for an error unless the agent had actual knowledge of it (R.S. 9:3199).

Redhibition, under the Civil Code. Louisiana sellers also warrant against hidden defects. A defect is redhibitory if it makes the home useless, or so inconvenient that the buyer would not have bought it (Art. 2520). A buyer can ask to undo the sale, or for a lower price if the defect only reduces value. No warranty covers defects the buyer knew about or a “reasonably prudent buyer” should have found (Art. 2521). A seller who knows of a defect and does not declare it owes the price back with interest, expenses, damages and reasonable attorney fees (Art. 2545).

The deadline is short. Against a seller who did not know of the defect, suit must be filed within two years of delivery or one year of discovery, whichever is first. Against a seller who knew, it is one year from discovery or ten years from the sale (Art. 2534).

“As is” clauses. The parties may exclude the warranty if the terms are “clear and unambiguous” and “brought to the attention of the buyer.” The exclusion does not bind a buyer when the seller declared a quality the seller knew the home lacked (Art. 2548).

Federal lead-based paint rule (homes built before 1978)

For most housing built before 1978, federal law requires the seller, before the buyer signs, to give the EPA pamphlet Protect Your Family From Lead in Your Home; disclose known lead-based paint and hazards and provide available reports; include a Lead Warning Statement in the contract; and give the buyer 10 days to test, which the buyer may waive in writing or shorten by agreement. Sellers and agents keep the signed disclosure for three years. Foreclosure sales and post-1977 housing are not covered (EPA).

For disclosure in a foreclosure sale, see foreclosure. For who prepares the act of sale, see real estate attorney. A lawyer can advise on a specific dispute.