reglab/housing_qa huggingface dataset:
LA Rev Stat § 9:3137.5 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3137.5. True sales of receivables; not subject to recharacterization; simulation articles not applicable

RS 3137.5 - True sales of receivables; not subject to recharacterization; simulation articles not applicable A. All sales of receivables over exchanges subject to the scope of this Part as provided by R.S. 9:3137.4(A) shall conclusively result in consummated true sales for all purposes, and not be limited to a bankruptcy context, with the buyer acquiring all of the seller's rights, title and interests in and to the traded receivables and the collection proceeds thereof, and with the seller retaining no vestiges of legal or equitable interest in the receivables sold. B. As true sales, sales of receivables over exchanges located in this state shall not be subject to recharacterization as loans, extensions of credit, or other credit accommodations by the seller to the buyer, notwithstanding that the seller may be obligated to repurchase the receivable, or the buyer may otherwise have recourse against the seller if the receivable is not paid when due, and further notwithstanding that the seller may be entitled to receive a portion of the collection proceeds. Furthermore, sales of receivables over exchanges located in this state shall not be construed, under any circumstance, to be a simulated sale under the simulation articles of the Civil Code. C.(1) The seller's written agreement in the underlying documents that the seller absolutely, unconditionally, and irrevocably intends that sales of the seller's receivables over an exchange located in this state result in true sales of such receivables for all purposes, shall be definitive and binding on the seller, and may not be subsequently disavowed or refuted by any of the following persons: (a) The seller. (b) The seller's successors or assigns, or any person acquiring rights from or through the seller, including the buyer. (c) Past and future owners, directors, officers, employees, agents, representatives and attorneys of the seller, or of its successors or assigns, or any person acquiring rights from or through the seller. (d) The account debtor or any other person obligated to pay the receivable. (e) All other third persons. (2) Any person, including anyone listed in Paragraph (1) of this Subsection, attempting to recharacterize a sale of a receivable over an exchange located in this state as anything other than a true sale under Louisiana law, shall be personally liable and obligated by operation of law to reimburse the buyer and the buyer's agents for attorney fees, court costs, arbitration costs, expert fees, and out-of-pocket expenses, including but not limited to travel expenses, expended in defense of the status of such sale as a true sale under Louisiana law. Acts 2010, No. 958, §1, eff. July 6, 2010.
LA Rev Stat § 9:3137.6 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3137.6. Binding effectiveness of Louisiana law

RS 3137.6 - Binding effectiveness of Louisiana law A. Louisiana law, and specifically this Part and R.S. 10:9-109(e), shall apply to all sales of receivables over exchanges located in this state irrespective of the domicile or other location of the buyer or the seller. B.(1) The seller's written agreement and choice of law covenant in the underlying documents that Louisiana law shall apply to all sales of the seller's receivables over an exchange located in this state, shall be definitive for all purposes, and shall be absolutely, unconditionally and irrevocably binding on the seller, and shall not be subsequently disavowed or refuted by any of the following persons: (a) The seller. (b) The seller's successors or assigns, or anyone acquiring rights from or through the seller, including the buyer. (c) Past and future owners, directors, officers, employees, agents, representatives and attorneys of the seller, or of its successors or assigns, or anyone acquiring rights from or through the seller. (d) The account debtor or person obligated to pay the receivable. (e) All other third persons. (2) Any person, including anyone listed in Paragraph (1) of this Subsection, attempting to contest the applicability of Louisiana law and to apply the laws of another state or jurisdiction to the sale of the seller's receivables over an exchange located in this state, shall be personally liable and obligated by operation of law to reimburse the buyer and the buyer's agents for all attorney fees, court costs, arbitration costs, expert fees, and out-of-pocket expenses, including but not limited to travel expenses expended in defense of the status of such a sale as a true sale under Louisiana law. C. For the further purpose of applying relevant conflicts of law principles, the legislature declares that Louisiana public policy shall be most seriously impaired to the extent that the laws of another state or jurisdiction might be applied to sales of receivables over exchanges located in Louisiana. As sales of receivables take place in Louisiana over Louisiana-based exchanges, Louisiana shall be deemed to have the most significant contact with the underlying sales transaction. Acts 2010, No. 958, §1, eff. July 6, 2010.
LA Rev Stat § 9:3137.7 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3137.7. Buyer ownership rights; evidence of ownership

RS 3137.7 - Buyer ownership rights; evidence of ownership A. The buyer shall be deemed for all purposes, and not be limited to a bankruptcy context, to be the owner of a receivable purchased over an exchange located in this state, with the buyer having the right to all of the following actions: (1) To collect the receivable from the account debtor or other obligated person. (2) To resell the receivable to a subsequent buyer. (3) To pledge or otherwise grant a security interest in the receivable in favor of the buyer's creditor. (4) To reflect the receivable as an asset on the buyer's books and records. B. To the extent that the owner or operator of an exchange located in this state maintains records of sales of receivables over the exchange, such records shall serve as the single authoritative record evidencing buyer ownership of traded receivables for all purposes. Acts 2010, No. 958, §1, eff. July 6, 2010.
LA Rev Stat § 9:3137.8 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3137.8. Relationship to the UCC

RS 3137.8 - Relationship to the UCC A. This Part supplements R.S. 10:9-109(e), and shall not be construed to implicitly amend or repeal any provision of the UCC, including but not limited to R.S. 10:1-201(35), 9-102(72)(D), 9-109(e), 9-301, 9-307, 9-310(a), 9-312(a), 9-317 through 9-339, 9-406, 9-501, and 9-607(a)(1). B. This Part and R.S. 10:9-109(e) provide for and define the true sale status and the state property ownership rights of buyers of receivables purchased over exchanges located in this state, and shall not independently provide for rules governing perfection, the effects of perfection or nonperfection, or the priority rights of buyers of receivables purchased over Louisiana based exchanges within the context of R.S. 10:9-301. Acts 2010, No. 958, §1, eff. July 6, 2010.
LA Rev Stat § 9:3137.9 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3137.9. Prohibition of actions

RS 3137.9 - Prohibition of actions A seller shall not maintain an action or have any claim against an owner or operator of an exchange located in this state, or against a buyer of the receivables, unless there is an agreement in writing setting forth the relevant terms and conditions, and the agreement is signed by the seller and the owner or operator on its own behalf and as agent for the buyer. Acts 2010, No. 958, §1, eff. July 6, 2010.
LA Rev Stat § 9:3141 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3141. Purpose

RS 3141 - Purpose The legislature finds a need to promote commerce in Louisiana by providing clear, concise, and mandatory warranties for the purchasers and occupants of new homes in Louisiana and by providing for the use of homeowners' insurance as additional protection for the public against defects in the construction of new homes. This need can be met by providing a warranty for a new home purchaser defining the responsibility of the builder to that purchaser and subsequent purchasers during the warranty periods provided herein. The warranty, which is mandatory in most cases, shall apply whether or not building code regulations are in effect in the location of the structure, thereby promoting uniformity of defined building standards. Additionally, all provisions of this Chapter shall apply to any defect although there is no building standard directly regulating the defective workmanship or materials. Acts 1986, No. 676, §1; Acts 1999, No. 649, §1.
LA Rev Stat § 9:3142 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3142. Short title

RS 3142 - Short title  This Chapter shall be known and may be cited as the "New Home Warranty Act."  Acts 1986, No. 676, §1.
LA Rev Stat § 9:3143 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3143. Definitions

RS 3143 - Definitions For purposes of this Chapter the following words, phrases, and terms shall be defined and construed as follows: (1) "Builder" means any person, corporation, partnership, limited liability company, joint venture, or other entity which constructs a home, or addition thereto, including a home occupied initially by its builder as his residence. A person, corporation, partnership, limited liability company, joint venture, or other entity which constructs a home, or any addition thereto, is a "builder", whether or not the consumer purchased the underlying real estate with the home. (2) "Building standards" means the standards contained in the building code, mechanical-plumbing code, and electrical code in effect in the parish, city, or other local political subdivision where a home is to be located, at the time construction of that home is commenced, or, if the parish, city, or other local political subdivision has not adopted such codes, the Standard Building Code, together with any additional performance standards, if any, which the builder may undertake to be in compliance. (3) "Home" means any new structure designed and used only for residential use, together with all attached and unattached structures, constructed by the builder whether or not the land was purchased from the builder. Such term includes structures containing multiple family dwellings or residences. (4) "Initial purchaser" means any person for whom a home is built or the first person to whom a home is sold upon completion of construction. (5) "Major structural defect" means any actual physical damage to the following designated load-bearing portions of a home caused by failure of the load-bearing portions which affects their load-bearing functions to the extent the home becomes unsafe, unsanitary, or is otherwise unlivable: (a) Foundation systems and footings. (b) Beams. (c) Girders. (d) Lintels. (e) Columns. (f) Walls and partitions. (g) Floor systems. (h) Roof framing systems. (6) "Owner" means the initial purchaser of a home and any of his successors in title, heirs, invitees, or assigns to a home during the time the warranties provided under this Chapter are in effect. (7) "Warranty commencement date" means the date that legal title to a home is conveyed to its initial purchaser or the date the home is first occupied, whichever occurs first. Acts 1986, No. 676, §1; Acts 1997, No. 987, §1; Acts 1999, No. 649, §1; Acts 2003, No. 333, §1.
LA Rev Stat § 9:3145 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3145. Required notice

RS 3145 - Required notice A. Before undertaking any repair himself or instituting any action for breach of warranty, the owner shall give the builder written notice, by registered or certified mail, within one year after knowledge of the defect, advising him of all defects and giving the builder a reasonable opportunity to comply with the provisions of this Chapter. B. The builder shall give the owner written notice of the requirements of this Chapter at the time of the closing between the builder and the owner, or if there is no such closing, at the time of the execution of the construction contract between the builder and the owner. The Louisiana State Licensing Board for Contractors shall adopt and promulgate rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Subsection. Acts 1986, No. 676, §1; Acts 1997, No. 987, §1; Acts 2008, No. 387, §1.
LA Rev Stat § 9:3146 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3146. Peremption

RS 3146 - Peremption Any action to enforce any warranty provided in this Chapter shall be subject to a peremptive period of thirty days after the expiration of the appropriate time period provided in R.S. 9:3144. Acts 1986, No. 676, §1; Acts 2001, No. 179, §1.
LA Rev Stat § 9:3147 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3147. Insurance

RS 3147 - Insurance  All or part of the builder's obligation under any warranty required in this Chapter may be insured by the builder for the benefit of the purchaser through an insurance company authorized to transact business in this state. Acts 1986, No. 676, §1.
LA Rev Stat § 9:3148 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3148. Transfer of warranty and insurance

RS 3148 - Transfer of warranty and insurance  Any warranty imposed under the provisions of this Chapter and any insurance benefit shall automatically transfer without charge, to a subsequent owner who acquires title to the home. Any transfer of the home shall not extend the duration of any warranty or insurance coverage.  Acts 1986, No. 676, §1.
LA Rev Stat § 9:3149 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3149. Violations; limitations

RS 3149 - Violations; limitations A. If a builder violates this Chapter by failing to perform as required by the warranties provided in this Chapter, any affected owner shall have a cause of action against the builder for actual damages, including attorney fees and court costs, arising out of the violation. The damages with respect to a single defect shall not exceed the reasonable cost of repair or replacement necessary to cure the defect, and damages with respect to all defects in the home shall not exceed the original purchase price of the home.  B. The parties may provide for the arbitration of any claim in dispute. Any arbitration shall comply with, and may be binding only to the extent provided in R.S. 9:4201 et seq.  Acts 1986, No. 676, §1.
LA Rev Stat § 9:3150 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3150. Exclusiveness

RS 3150 - Exclusiveness This Chapter provides the exclusive remedies, warranties, and peremptive periods as between builder and owner relative to home construction and no other provisions of law relative to warranties and redhibitory vices and defects shall apply. Nothing herein shall be construed as affecting or limiting any warranty of title to land or improvements. Acts 1986, No. 676, §1; Acts 2003, No. 333, §1.
LA Rev Stat § 9:3151 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3151. Sale by auction, definition

RS 3151 - Sale by auction, definition  The sale by auction is that which takes place when the thing is offered publicly to be sold to whoever will give the highest price.  Redesignated by Acts 1993, No. 841, §2, eff. Jan. 1, 1995.
LA Rev Stat § 9:3152 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3152. Voluntary or forced sale

RS 3152 - Voluntary or forced sale  This sale is either voluntary or forced: voluntary when the owner himself offers his property for sale in this manner; forced, when the law prescribes this mode of sale for certain property, such as that of minors.  Redesignated by Acts 1993, No. 841, §2, eff. Jan. 1, 1995.
LA Rev Stat § 9:3153 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3153. Auction sale by officers of justice

RS 3153 - Auction sale by officers of justice  The sale by auction, as it is made by officers of justice, is treated of separately, under the chapter on judicial sales.  Redesignated by Acts 1993, No. 841, §2, eff. Jan. 1, 1995.
LA Rev Stat § 9:3154 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3154. General rules governing sales by auction

RS 3154 - General rules governing sales by auction  The sale by auction, whether made at the will of the seller, or by direction of the law, is subjected to the rules hereafter mentioned.  Redesignated by Acts 1993, No. 841, §2, eff. Jan. 1, 1995.
LA Rev Stat § 9:3155 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3155. Sale through public officer

RS 3155 - Sale through public officer  It can not be made directly by the seller himself, but must be made through the ministry of a public officer, appointed for that purpose.  Redesignated by Acts 1993, No. 841, §2, eff. Jan. 1, 1995.
LA Rev Stat § 9:3156 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3156. Announcement of conditions of sale and demand for bids.

RS 3156 - Announcement of conditions of sale and demand for bids.  This officer, after having received in writing, from the seller, the conditions of the sale, must proclaim them, in a loud and audible voice,* and afterwards propose that a bid shall be made for the property thus offered.  Redesignated by Acts 1993, No. 841, §2, eff. Jan. 1, 1995. *English translation of French text incomplete; should include "to all the persons present."
LA Rev Stat § 9:3157 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3157. Adjudication to highest bidder

RS 3157 - Adjudication to highest bidder  When the highest price offered has been cried long enough to make it probable that no higher will be offered, he who has made the offer is publicly declared to be the purchaser, and the thing sold is adjudicated to him.  Redesignated by Acts 1993, No. 841, §2, eff. Jan. 1, 1995.
LA Rev Stat § 9:3158 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3158. Adjudication as completion of sale

RS 3158 - Adjudication as completion of sale  This adjudication is the completion of the sale; the purchaser becomes the owner of the article adjudged, and the contract is, from that time, subjected to the same rules which govern the ordinary contract of sale. Redesignated by Acts 1993, No. 841, §2, eff. Jan. 1, 1995.
LA Rev Stat § 9:3159 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3159. Payment of price before delivery

RS 3159 - Payment of price before delivery  If the adjudication be made on condition that the price shall be paid in cash, the auctioneer may require the price immediately, before delivering possession of the thing sold.  Redesignated by Acts 1993, No. 841, §2, eff. Jan. 1, 1995.
LA Rev Stat § 9:3160 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3160. Sale of immovable, retention of price until execution of act

RS 3160 - Sale of immovable, retention of price until execution of act  If the object adjudged is an immovable for which the law requires that the act of sale shall be passed in writing, the purchaser may retain the price, and the seller the possession of the thing, until the act be passed.  This act ought to be passed within twenty-four hours after the adjudication, if one of the parties require it; he who occasions a further delay is responsible to the other in damages.  Redesignated by Acts 1993, No. 841, §2, eff. Jan. 1, 1995.
LA Rev Stat § 9:3161 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3161. Resale for non-compliance with bid; adjudicatee's liability for deficiency

RS 3161 - Resale for non-compliance with bid; adjudicatee's liability for deficiency  In all cases of sale by auction, whether of movables or immovables, if the person to whom adjudication is made, does not pay the price at the time required, agreeably to the two preceding articles, the seller at the end of ten days, and after the customary notices, may again expose to public sale the thing sold, as if the first adjudication had never been made; and if at the second crying, the thing is adjudged for a smaller price than that which had been offered by the person to whom the first adjudication was made, the latter remains a debtor to the vendor, for the deficiency and for all the expenses incurred subsequent to the first sale. But if a higher price is offered for the thing than that for which it was first adjudged, the first purchaser has no claim for the excess.  Redesignated by Acts 1993, No. 841, §2, eff. Jan. 1, 1995.
LA Rev Stat § 9:3162 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3162. Resale, bid by first adjudicatee prohibited

RS 3162 - Resale, bid by first adjudicatee prohibited  At this second crying, the first purchaser can not be allowed to bid, either directly or through the intervention of another person.  Resignated by Acts 1993, No. 841, §2, eff. Jan. 1, 1995.
LA Rev Stat § 9:3163 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3163. Rejection of indorser of purchase price notes, effect on adjudication

RS 3163 - Rejection of indorser of purchase price notes, effect on adjudication When a thing is exposed to public sale, with notice that the buyer shall give indorsed notes for the price, he is bound, immediately after the sale, if required, to acquaint the auctioneer or the seller with the name of the person whom he offers for indorser, and if this indorser does not suit the seller, or in his absence the auctioneer, the adjudication is considered as not having been made.  Redesignated by Acts 1993, No. 841, §2, eff. Jan. 1, 1995.
LA Rev Stat § 9:3164 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3164. Liability of seller refusing to accept solvent indorser

RS 3164 - Liability of seller refusing to accept solvent indorser  The refusal by the seller to receive the indorser whom the purchaser offers, renders him responsible in damages to the latter, if it be proved that the indorser proposed is good and solvent.  Redesignated by Acts 1993, No. 841, §2, eff. Jan. 1, 1995.
LA Rev Stat § 9:3165 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3165. Liability for unauthorized bidding in name of another

RS 3165 - Liability for unauthorized bidding in name of another  The adjudication can only be made to a bidder present, or properly represented. The person who bids in the name of another, without sufficient authority to bind him, is considered as having bought on his own account, and is answerable for all the consequences of the adjudication.  Redesignated by Acts 1993, No. 841, §2, eff. Jan. 1, 1995.
LA Rev Stat § 9:3166 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3166. Kinds of judicial sales

RS 3166 - Kinds of judicial sales  Sales which are made by authority of law are of two kinds:  1. Those which take place when the property of a debtor has been seized by order of a court, to be sold for the purpose of paying the creditor. 2. Those which are ordered in matters of succession or partition.  Redesignated by Acts 1993, No. 841, §2, eff. Jan. 1, 1995.
LA Rev Stat § 9:3167 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3167. General rules for judicial sales

RS 3167 - General rules for judicial sales  Judicial sales are subject to the rules laid down above for public sales in general, in all such things as are not contrary to the formalities expressly prescribed for such sales, and with the modifications contained hereafter.  Redesignated by Acts 1993, No. 841, §2, eff. Jan. 1, 1995.