reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3137.6. Binding effectiveness of Louisiana law

RS 9:3137.6 - 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.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3137.7. Buyer ownership rights; evidence of ownership

RS 9:3137.7 - 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.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3137.8. Relationship to the UCC

RS 9:3137.8 - 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.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3137.9. Prohibition of actions

RS 9:3137.9 - 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.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3141. Purpose

RS 9:3141 - 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.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3143. Definitions

RS 9:3143 - 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.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3145. Required notice

RS 9:3145 - 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.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3146. Peremption

RS 9:3146 - 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.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3148. Transfer of warranty and insurance

RS 9:3148 - 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.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3149. Violations; limitations

RS 9:3149 - 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.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3150. Exclusiveness

RS 9:3150 - 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.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3151. Sale by auction, definition

RS 9:3151 - 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.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3152. Voluntary or forced sale

RS 9:3152 - 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.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3153. Auction sale by officers of justice

RS 9:3153 - 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.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3154. General rules governing sales by auction

RS 9:3154 - 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.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3155. Sale through public officer

RS 9:3155 - 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.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3156. Announcement of conditions of sale and demand for bids.

RS 9:3156 - 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."
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3157. Adjudication to highest bidder

RS 9:3157 - 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.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3158. Adjudication as completion of sale

RS 9:3158 - 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.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3159. Payment of price before delivery

RS 9:3159 - 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.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3160. Sale of immovable, retention of price until execution of act

RS 9:3160 - 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.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3161. Resale for non-compliance with bid; adjudicatee's liability for deficiency

RS 9:3161 - 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.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3162. Resale, bid by first adjudicatee prohibited

RS 9:3162 - 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.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3163. Rejection of indorser of purchase price notes, effect on adjudication

RS 9:3163 - 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.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3164. Liability of seller refusing to accept solvent indorser

RS 9:3164 - 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.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3165. Liability for unauthorized bidding in name of another

RS 9:3165 - 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.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3166. Kinds of judicial sales

RS 9:3166 - 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.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3167. General rules for judicial sales

RS 9:3167 - 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.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3168. Execution sale, persons authorized to make

RS 9:3168 - Execution sale, persons authorized to make
The sale on seizure is made at public auction by the sheriff or other officer charged with the execution of the judgment.
Redesignated by Acts 1993, No. 841, §2, eff. Jan. 1, 1995.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3169. Rescission for fraud or nullity; redhibition not permitted

RS 9:3169 - Rescission for fraud or nullity; redhibition not permitted
Whatever may be the vices of the thing sold on execution, they do not give rise to the redhibitory action; but the sale may be set aside in the case of fraud, and declared null in cases of nullity.
Redesignated by Acts 1993, No. 841, §2, eff. Jan. 1, 1995.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3170. Rights acquired at execution sale

RS 9:3170 - Rights acquired at execution sale
This sale on execution transfers the property of the thing to the purchaser as completely as if the owner had sold it himself; but it transfers only the rights of the debtor such as they are.
Redesignated by Acts 1993, No. 841, §2, eff. Jan. 1, 1995.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3171. Rights of buyer in case of eviction

RS 9:3171 - Rights of buyer in case of eviction
The purchaser evicted from property purchased under execution shall have his recourse for reimbursement against the debtor and creditor, as provided in Article 2379 of the Code of Civil Procedure.
Amended by Acts 1960, No. 30, §1, eff. Jan. 1, 1961; Redesignated by Acts 1993, No. 841, §2, eff. Jan. 1, 1995.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3172. Authority to order succession sale; persons authorized to sell

RS 9:3172 - Authority to order succession sale; persons authorized to sell
The judicial sale of succession property is ordered by the judge of the court to which this jurisdiction is specially confided.
Representatives of successions shall have the right to cause sales of the property administered by them to be made either by the sheriff or an auctioneer, or to make it themselves, but in the event of making the sales themselves, they shall receive no commission therefor.
Redesignated by Acts 1993, No. 841, §2, eff. Jan. 1, 1995.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3173. Transfer of title

RS 9:3173 - Transfer of title
The adjudication made and recorded by the sheriff, auctioneer or representative of the succession, is a complete title to the purchaser, and needs not be followed by an act passed before a notary.
Redesignated by Acts 1993, No. 841, §2, eff. Jan. 1, 1995.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3175. Purchase of property by heirs of succession

RS 9:3175 - Purchase of property by heirs of succession
Heirs may purchase the property of the succession to the amount of their proportion, and are not obliged to pay the purchase money, until a liquidation is had, by which it is ascertained what balance there is in their favor or against them.
Redesignated by Acts 1993, No. 841, §2, eff. Jan. 1, 1995.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3191.1. Thirty-year prescription; return of expropriated residential property

RS 9:3191.1 - Thirty-year prescription; return of expropriated residential property
A. If residential property expropriated by the state or a political subdivision of the state remains in the possession of and is maintained by the original owner or his heir for a period of more than thirty years, the expropriated property shall be transferred back to the original owner or his heir upon payment of the fair market value of the property.
B. Upon expiration of the thirty-year period as provided by Subsection A of this Section, the original owner or his heir may tender payment of the fair market value of the property and deliver an act of transfer of ownership to the state or political subdivision of the state that expropriated the residential property. Within thirty days of receipt of the act of transfer of ownership and payment of the fair market value of the property, the state or political subdivision of the state that expropriated the residential property shall execute and return the act of transfer of ownership without additional cost to the original owner or his heir.
C. The state or political subdivision of the state that expropriated the residential property may oppose the act of transfer of ownership by filing an action for injunction within thirty days of receipt of the tendered payment and the act of transfer of ownership in the district court where the property is located.
(1) If the court finds that the original owner or his heir failed to tender fair market value of the property, retain possession of the property, or maintain the property for the requisite thirty-year period, the court shall grant the injunction and the state or political subdivision of the state shall not be required to execute the act of transfer of ownership.
(2) If the court finds that the original owner or his heir tendered the fair market value of the property, retained possession of the property, and maintained the property for the requisite thirty-year period, the court shall order the state or political subdivision of the state to execute the act of transfer of ownership and shall award court costs and attorney fees to the original owner or his heir.
D.(1) The provisions of this Section shall not apply to property expropriated for construction, operation, or maintenance of levees, levee systems, flood control, drainage, hurricane or storm surge protection, or integrated coastal protection.
(2) The provisions of this Section shall not apply to property expropriated by the Department of Transportation and Development.
Acts 2012, No. 445, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3192. Rule governing conflict between sale and commercial laws

RS 9:3192 - Rule governing conflict between sale and commercial laws
In case of conflict between the provisions of Title VII of Book III of the Civil Code, governing sales and any provisions of any special legislation, such as those contained in Titles 9 and 10 of the Louisiana Revised Statutes of 1950 and the Louisiana Lease of Movables Act, the latter shall prevail with regard to transactions subject thereto.
Acts 1995, No. 342, §1; Acts 1995, No. 1201, §2.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3196. Definitions

RS 9:3196 - Definitions
As used in this Chapter, the following terms have the meanings hereinafter ascribed to them:
(1) "Known defect" means a condition found within the property that was actually known by the seller and that results in any of the following:
(a) Has a substantial adverse effect on the value of the property.
(b) Significantly impairs the health or safety of future occupants of the property.
(c) If not repaired, removed, or replaced, significantly shortens the expected normal life of the property.
(2) "Property disclosure document" means a 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, which is presented by the seller to the purchaser in the manner set forth in R.S. 9:3198(B) and which discloses, at a minimum, known defects in the residential real property.
(3) "Purchaser" means a transferee or prospective transferee in any of the types of transactions described in R.S. 9:3197(A).
(4) "Real estate contract" means any written agreement, entered into prior to the perfection of the contract of sale or contract to lease or otherwise with an option to purchase, which relates to the sale, offer for sale, purchase, offer to purchase, lease with option to purchase, offer to lease with option to purchase, any other option to purchase, or any other offer which includes an option to purchase any residential real property or improvements thereon.
(5) "Residential real property" means real property consisting of one or not more than four residential dwelling units, which are buildings or structures each of which are occupied or intended for occupancy as single family residences.
(6) "Seller" means an owner of residential real property, whether an individual, partnership, corporation, or trust, who sells or attempts to sell residential real property in a manner described in R.S. 9:3197(A).
Acts 2003, No. 308, §1, eff. June 13, 2003; Acts 2018, No. 559, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3197. Applicability; exemptions

RS 9:3197 - Applicability; exemptions
A. The provisions of this Chapter shall apply to the transfer of any interest in residential real property, whether by sale, exchange, bond for deed, lease with option to purchase, or any other option to purchase, including transactions in which the assistance of a real estate licensee is utilized and those in which such assistance is not utilized.
B. The provisions of this Chapter shall not apply to any of the following:
(1) Transfers ordered by a court, including but not limited to a transfer ordered by a court in the administration of an estate, a transfer pursuant to a writ of execution, a transfer by any foreclosure sale, a transfer by a trustee in bankruptcy, a transfer by eminent domain, and any transfer resulting from a decree of specific performance.
(2) Transfers to a mortgagee by a mortgagor or successor in interest who is in default.
(3) Transfers by a mortgagee who has acquired the residential real property at a sale conducted pursuant to a power of sale under a mortgage or a sale pursuant to decree of foreclosure, or who has acquired the residential property by a deed in lieu of foreclosure.
(4) Transfers by a fiduciary in the course of administration of a decedent's estate, guardianship, conservatorship, or trust.
(5) Transfers of newly constructed residential real property, which has never been occupied.
(6) Transfers from one or more co-owners solely to one or more of the remaining co-owners.
(7) Transfers from the succession executor or administrator pursuant to testate or intestate succession.
(8) Transfers of residential real property that will be converted by the purchaser into a use other than residential use.
(9) Transfers of residential real property to a spouse or relative in the line of consanguinity.
(10) Transfers between spouses resulting from a judgment of divorce or a judgment of separate maintenance or from a property settlement agreement incidental to such a judgment.
(11) Transfers or exchanges to or from any governmental entity.
(12) Transfers from an entity that has acquired title or assignment of a real estate contract to a piece of residential real property to assist the prior owner in relocating, as long as the entity makes available to the purchaser a copy of the property disclosure statement, any inspection reports if any furnished to the entity by the prior owner, or both.
(13) Transfers to an inter vivos trust.
(14) Acts that, without additional consideration and without changing ownership or ownership interest, confirm, correct, modify, or supplement a deed or conveyance previously recorded.
Acts 2003, No. 308, §1, eff.June 13 2003; Acts 2018, No. 559, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3198.1. Duties of governmental entities; contaminated property

RS 9:3198.1 - Duties of governmental entities; contaminated property
A. Whenever a state or local law enforcement agency becomes aware that residential real property has been contaminated by its use as a clandestine methamphetamine drug lab, the agency shall report the contamination to the Department of Environmental Quality, hereinafter referred to as the "department", and to the local sheriff's office.
B. The department shall maintain a listing of residential real property that has been reported as contaminated, and the list shall be made available to the public through a website.
C. If property that is listed as contaminated on the department's website is subsequently seized and sold at a sheriff's sale, the sheriff shall provide notice to all bidders present at the time the sheriff's sale is conducted.
D. The department may promulgate rules and regulations in order to adopt standards for remediating properties contaminated by clandestine methamphetamine drug labs.
E. Upon confirmation by the department that property has been properly remediated to its established standards, the department shall remove the property from the list required in Subsection B of this Section. The department shall provide written notification to the local sheriff and the property owner of record when the documentation shows that the property has been properly remediated.
F. Notwithstanding any other provision of law to the contrary, once the property has been removed from the list required in Subsection B of this Section, the property owner is not required to report or otherwise disclose the past contamination as required in R.S. 9:3198(A)(2)(b).
G. Failure to comply with the provisions of this Section shall not create a cause of action against a governmental entity or the property owner, the owner's agent, the mortgagee, or other person with an interest in the property.
Acts 2008, No. 681, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3199. Duty of real estate licensees; liability

RS 9:3199 - Duty of real estate licensees; liability
A. A real estate licensee representing a seller of residential real property shall inform the seller of the duties and rights under this Chapter. A real estate licensee representing a buyer of residential real property shall inform the buyer of the duties and rights under this Chapter.
B. A person representing a seller in the transaction is not liable under this Chapter for any error, inaccuracy, or omission in a property disclosure document, unless the person has actual knowledge of the error, inaccuracy, or omission by the seller.
Acts 2003, No. 308, §1, eff. June 13, 2003.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3201. Abandonment or failure to cultivate land

RS 9:3201 - Abandonment or failure to cultivate land
Any lessee for cultivation of land, who takes possession of the property leased and fails to cultivate the land or abandons it after the contract has been entered into, is liable to the lessor for damages in an amount equal to the market value of the average crop that could have been grown on the land or on like land located in the immediate vicinity.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3202. Assisting and enticing lessee to violate lease

RS 9:3202 - Assisting and enticing lessee to violate lease
Any person who assists and entices a lessee in violating a contract of lease under R.S. 9:3201 and thereby causes damage to the lessor is liable in solido with the lessee to the lessor.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3203. Refusal to permit lessee to occupy or cultivate property

RS 9:3203 - Refusal to permit lessee to occupy or cultivate property
Any lessor of property to be cultivated who fails to permit the lessee to occupy or cultivate the property leased, is liable to the lessee in an amount equal to the market value of the average crop that could have been grown on the land or on like land located in the immediate vicinity.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3204. Lessor's part of crop considered his property; disposition; penalty

RS 9:3204 - Lessor's part of crop considered his property; disposition; penalty
In a lease of land for part of the crop, that part which the lessor is to receive is considered at all times the property of the lessor.
The lessee or any person acting with his consent who sells or disposes of the part of the crop belonging to the lessor shall be fined not more than one thousand dollars, or imprisoned for not more than one year, or both.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3221. Assumption of responsibility by lessee; liability of owner

RS 9:3221 - Assumption of responsibility by lessee; liability of owner
Notwithstanding the provisions of Louisiana Civil Code Article 2699, the owner of premises leased under a contract whereby the lessee assumes responsibility for their condition is not liable for injury caused by any defect therein to the lessee or anyone on the premises who derives his right to be thereon from the lessee, unless the owner knew or should have known of the defect or had received notice thereof and failed to remedy it within a reasonable time.
Acts 2004, No. 821, §3, eff. Jan. 1, 2005.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3241. Limitation on lessor's privilege upon failure or death of lessee

RS 9:3241 - Limitation on lessor's privilege upon failure or death of lessee
The lessor's privilege and right of pledge under any lease, on any building used wholly or in part for mercantile purposes, entered into after August 31st, 1926, shall not extend, in the case of the failure or death of the lessee, to secure rent for a term of more than six months after death or failure. Nothing herein shall be construed to deprive the landlord of his privilege upon the effects on the leased premises, belonging to the purchaser of the lease for the unexpired term, at succession, sheriff's, or syndic's sale, except in the case of the insolvency or death of the purchaser. In such case, the provisions of this Section shall apply in full force.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3251. Lessee's deposit to secure lease; retention by lessor; conveyance of leased premises; itemized statement by lessor

RS 9:3251 - Lessee's deposit to secure lease; retention by lessor; conveyance of leased premises; itemized statement by lessor
A. Any advance or deposit of money furnished by a tenant or lessee to a landlord or lessor to secure the performance of any part of a written or oral lease or rental agreement shall be returned to the tenant or lessee of residential or dwelling premises within one month after the lease shall terminate, except that the landlord or lessor may retain all or any portion of the advance or deposit which is reasonably necessary to remedy a default of the tenant or to remedy unreasonable wear to the premises. If any portion of an advance or deposit is retained by a landlord or lessor, he shall forward to the tenant or lessee, within one month after the date the tenancy terminates, an itemized statement accounting for the proceeds which are retained and giving the reasons therefor. The tenant shall furnish the lessor a forwarding address at the termination of the lease, to which such statements may be sent.
B. In the event of a transfer of the lessor's interest in the leased premises during the term of a lease, the transferor shall also transfer to his successor in interest the sum deposited as security for performance of the lease and the transferor shall then be relieved of further liability with respect to the security deposit. The transferee shall be responsible for the return of the lessee's deposit at the termination of the lease, as set forth in Subsection A of this Section.
C. Paragraph A of this Section shall not apply when the tenant abandons the premises, either without giving notice as required or prior to the termination of the lease.
Added by Acts 1972, No. 696, §1. Amended by Acts 1974, No. 697, §1; Acts 1981, No. 499 §1; Acts 1985, No. 578, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3252. Failure of lessor to comply; recovery of amounts by lessee; venue

RS 9:3252 - Failure of lessor to comply; recovery of amounts by lessee; venue
A. The willful failure to comply with R.S. 9:3251 shall give the tenant or lessee the right to recover any portion of the security deposit wrongfully retained and three hundred dollars or twice the amount of the portion of the security deposit wrongfully retained, whichever is greater, from the landlord or lessor, or from the lessor's successor in interest. Failure to remit within thirty days after written demand for a refund shall constitute willful failure.
B. An action for recovery of such damages may be brought in the parish of the lessor's domicile or in the parish where the property is situated.
Added by Acts 1972, No. 696, §1; Amended by Acts 1981, No. 499, §1; Acts 1987, No. 352, §1; Acts 2018, No. 416, §1, eff. Jan. 1, 2019.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3253. Costs and attorney's fees

RS 9:3253 - Costs and attorney's fees
In an action brought under R.S. 9:3252, the court may in its discretion award costs and attorney's fees to the prevailing party.
Added by Acts 1972, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3258. Lessor's right to own, control, use, enjoy, protect and dispose of property and things

RS 9:3258 - Lessor's right to own, control, use, enjoy, protect and dispose of property and things
Every lessor, in accordance with the provisions of Article I, Section 4 of the Louisiana Constitution of 1974, shall have the right to the ownership, control, use, enjoyment, protection and right to dispose of private property including any alienation thereof by lease or otherwise, where a person by law or contract has a legal right to give to another the enjoyment of a thing or property for a valid consideration; which said rights shall include all rights granted to lessors by Title IX of the Louisiana Civil Code dealing with lease, and which said rights shall not be altered, abridged or diminished except by state law, and which said rights are subject to the reasonable exercise of the police power.
Added by Acts 1977, No. 655, §1, eff. July 20, 1977.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3258.1. Residential lease application requirements

RS 9:3258.1 - Residential lease application requirements
A. A lessor shall not require payment of an application fee unless, prior to accepting the payment, the lessor gives written notice of all of the following:
(1) The amount of the application fee.
(2) Whether the lessor considers credit scores, employment history, criminal history, or eviction records in deciding whether to rent or lease to the applicant.
(3) That the applicant may share, in good faith, a statement of two hundred words or less explaining that the applicant has experienced financial hardship resulting from a state or federally declared disaster or emergency and how that hardship impacted the applicant's credit, employment, or rental history.
(4) The lessor's notice regarding the statement of financial hardship shall reference the COVID-19 pandemic and hurricanes.
B. Notice required by this Section may be delivered, stored, and presented by electronic means if the electronic means meet the requirements of the Louisiana Uniform Electronic Transactions Act, as provided in R.S. 9:2601 et seq.
C. This Section shall apply to all lessors of property to be used as a lessee's primary residence except for owner-occupied buildings consisting of no more than four units.
D. No person shall have a cause of action against a lessor or a lessor's agents or employees for any alleged violation of this Section, and a lessor and a lessor's agents and employees are hereby immune from any and all causes of action for alleged violations of this Section.
Acts 2021, No. 422, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3259. Unpaid rent; attorney fees

RS 9:3259 - Unpaid rent; attorney fees
A. Whenever any lessee of any apartment building, house, motel, hotel, or other such dwelling fails to pay rent that has become due and delinquent, within twenty days after delivery of written demand therefor made in accordance with the provisions of this Section, correctly setting forth the amount of rent due and owing, the lessee shall be liable for reasonable attorney fees for the prosecution and collection of such claim when judgment on the claim is rendered in favor of the claimant.
B. Delivery of written demand for purposes of this Section may be accomplished by mailing the written demand by certified mail to the last known address of the lessee, by personal delivery to the lessee or by tacking the written demand on the door of the leased premises.
C. The provisions of this Section shall apply to oral leases only.
Added by Acts 1978, No. 478, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3259.2. Application for or receipt of government funds not a defense to action to evict

RS 9:3259.2 - Application for or receipt of government funds not a defense to action to evict
The application for or the receipt of entitlements or funds, under any federal or state rent subsidy program or rent subsidy assistance, shall not be considered payment of rent and shall not be a defense to an action to evict the lessee.
Acts 2004, No. 821, §3, eff. Jan. 1, 2005.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3260. Premises rendered uninhabitable; mitigation of damages

RS 9:3260 - Premises rendered uninhabitable; mitigation of damages
When a lessee or tenant of commercial, residential, or dwelling premises has been constructively evicted from the premises, and when the premises are rendered uninhabitable through no fault of the lessee or tenant, the landlord or lessor shall be required to mitigate his damages.
Acts 1993, No. 906, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:3260.1. Lessee's right to notification of foreclosure action

RS 9:3260.1 - Lessee's right to notification of foreclosure action
A. During, and prior to entering into, a lease agreement for a residential dwelling, the lessor shall disclose in writing to the lessee and any prospective lessee any pending foreclosure action to which the residential dwelling is subject and the right of the lessee to receive a notification of a foreclosure action pursuant to this Section.
B. Within seven calendar days after being served pursuant to Code of Civil Procedure Article 2293 with a notice of seizure in a foreclosure action, a lessor of a residential dwelling subject to a notice of seizure in a foreclosure action shall provide written notice of the seizure to all lessees of the premises.
C. The written disclosure required in Subsection B of this Section shall be signed by the lessor and shall include the name of the district court in which the foreclosure action is pending, the case name and docket number and the following statement: "This is not a notice to vacate the premises. This notice does not mean ownership of the building has changed. All lessees are still responsible for payment of rent and other obligations under the rental agreement. The lessor is still responsible for his obligations under the rental agreement. You will receive additional notice if there is a change in owner."
D. If a lessee in a civil legal proceeding against an owner or lessor establishes that a violation of this Section occurred, the lessee shall be entitled to recover two hundred dollars in damages, in addition to any other damages or remedies and costs to which the lessee may also be entitled.
E. The requirements of this Section shall apply to all lessors in residential leases, including lessors who are leasing residential dwellings subject to a federally-related mortgage loan, as defined in 12 U.S.C. 2602, or who have entered into a housing assistance payments contract with the public housing agency to receive housing subsidies on behalf of a lessee pursuant to Section 8 of the United States Housing Act of 1937, and to all lessees in residential leases, including such lessees receiving vouchers or housing assistance pursuant to Section 8 of the United States Housing Act of 1937.
F. The requirements of this Section shall not apply to a federally insured financial institution that is asserting its rights as an assignee of a lessor whose property is under foreclosure or as a mortgage holder.
Acts 2013, No. 354, §1.