CHAPTER 8. RESIDENTIAL PROPERTY DISCLOSURE REQUIREMENTS

§3196. Definitions

            As used in this Chapter, the following terms have the following meanings:

            (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 either residential real property or vacant residential 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, vacant residential 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 or vacant residential property, whether an individual, partnership, corporation, or trust, who sells or attempts to sell residential real property or vacant residential property in a manner described in R.S. 9:3197(A).

            (7)(a) "Vacant residential property" means any land that is either legally authorized to be used solely for residential purposes or is otherwise classified or intended for residential use and may include uninhabitable improvements or no improvements including but not limited to slabs, utility connections, driveways, walkways, fencing, wells, septic systems, sheds, and agricultural or storage structures.

            (b) "Vacant residential property" does not include the following:

            (i) Residential real property as defined in this Section.

            (ii) Any land that is legally authorized to be used for agricultural, commercial, industrial, or other nonresidential purposes.

            Acts 2003, No. 308, §1, eff. June 13, 2003; Acts 2018, No. 559, §1; Acts 2026, No. 708, §1, eff. Jan. 1, 2027.