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What must a home seller disclose in Louisiana?

Federal & State Law Editorial TeamLast reviewed: 2026-05-17

Louisiana is unique — its civil-law tradition gives buyers a strong "redhibition" remedy alongside a statutory disclosure form.

1. Property Disclosure Document — La. R.S. § 9:3198

  • Required for sales of residential property of 1-4 dwelling units.
  • Form covers:

    • - Land/soil, drainage, flooding.

    - Structural (foundation, walls, roof).

    - Mechanical systems (plumbing, electrical, HVAC).

    - Water/sewer/septic.

    - Environmental (asbestos, lead, radon, USTs, mold, methamphetamine).

    - Appliances and built-ins.

    2. Redhibition — La. Civ. Code arts. 2520-2548

  • The big Louisiana-specific remedy. A redhibitory defect is one that:

    • - Renders the thing useless, OR

    - Diminishes its usefulness so much that buyer would not have purchased or would have paid less.

  • Remedies: rescission of the sale (full refund) or price reduction (quanti minoris).
  • Bad-faith sellers (who knew of the defect and did not disclose) owe damages and attorneys' fees under art. 2545.

    • 3. "As-Is" — Limited Waiver

  • A buyer may waive the warranty against redhibitory defects, but the waiver must be (1) written in clear, unambiguous terms; (2) contained in the contract of sale; AND (3) either brought to the buyer's attention or explained.
  • Waiver is ineffective against a bad-faith seller (art. 2548).

    • 4. Lead-Based Paint

  • Federal 42 USC § 4852d for pre-1978 dwellings.

    • 5. Specific Statutory Disclosures

  • Termite report often required.
  • Flood zone disclosure given Louisiana's flood exposure.
  • Coastal use under state coastal laws.

    • 6. Exemptions from Disclosure Form — § 9:3196

  • Court-ordered, foreclosure, fiduciary in estate, between co-owners or spouses, government, and new construction.

    • 7. Statute of Limitations / Prescription

  • Redhibition: 1 year from discovery of the defect, with a 4-year outer limit from delivery (art. 2534).
  • For bad-faith sellers, 1 year from discovery with no 4-year cap.
  • 10 years for general contract (art. 3499).

    • This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You discovered a redhibitory defect post-closing the seller knew about
    • An 'as-is' waiver is being used to deny a redhibition claim
    • Lead paint or asbestos was concealed in a pre-1978 home
    Related Statutes & Laws
    • La. R.S. § 9:3198
    • La. Civ. Code art. 2520
    • La. Civ. Code art. 2534
    • La. Civ. Code art. 2545
    • 42 U.S.C. § 4852d

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.