Louisiana Property Disclosure Requirements: The 2026 Property Disclosure Document Explained

Louisiana property disclosure requirements apply to almost every sale of a one-to-four unit house, with or without a real estate agent. Under La. R.S. 9:3196 to 9:3200, the seller completes the Louisiana Real Estate Commission (LREC) form and delivers it no later than the buyer's offer. Since January 1, 2026, sellers use a new 13-page version.

This guide reads the statute on legis.la.gov, walks through the 2026 form, and covers the exemptions and flood questions. It also explains redhibition and what an as-is clause can and cannot waive.

What Are Louisiana Property Disclosure Requirements?

Louisiana property disclosure requirements oblige the seller of a one-to-four unit house to complete a property disclosure document and deliver it to the buyer (La. R.S. 9:3198). The chapter covers sales, exchanges, bonds for deed, and leases with an option to purchase (La. R.S. 9:3197(A)).

It applies to deals “in which the assistance of a real estate licensee is utilized and those in which such assistance is not utilized.” A for-sale-by-owner deal is covered. A direct sale to a cash buyer is covered too, unless an exemption applies.

What counts as a known defect

A known defect is a condition “actually known by the seller” that does at least one of three things (La. R.S. 9:3196(1)):

• “Has a substantial adverse effect on the value of the property.”
• “Significantly impairs the health or safety of future occupants of the property.”
• “If not repaired, removed, or replaced, significantly shortens the expected normal life of the property.”

The statute also requires statements on HOA membership, restrictive covenants, past meth labs, and salt dome cavities or solution mining wells nearby (La. R.S. 9:3198(A)(2)).

Good faith, and when no knowledge is the honest answer

The seller answers “in good faith to the best of the seller's belief and knowledge” (La. R.S. 9:3198(B)(1)). If you lack the information, you say so, and that complies with the law. The form “shall not be considered as a warranty by the seller” (La. R.S. 9:3198(D)(1)).

An error that “was not a willful misrepresentation” does not make the seller liable under the chapter (La. R.S. 9:3198(E)). Neither does one based on a report from a public body or licensed professional.

When Must a Seller Deliver the Louisiana Property Disclosure Document?

The seller must deliver the completed, signed Louisiana Property Disclosure Document “no later than the time the purchaser makes an offer” (La. R.S. 9:3198(B)(2)). A listing agent can handle delivery, but the answers belong to the seller. Agents on either side must explain the chapter's rights and duties to their clients (La. R.S. 9:3199).

The buyer's 72-hour exit when the form is late

If the form arrives after the offer, the buyer has 72 hours after receipt to withdraw the offer or end the contract. Weekends and federal or state holidays do not count (La. R.S. 9:3198(B)(3)(a)). The exit is “without penalty to the purchaser,” and any deposit “shall be promptly returned.”

The right is waived if not used before transfer of title or occupancy, whichever comes first. And a sale “is not invalidated solely due to the failure of any person to comply” (La. R.S. 9:3198(B)(3)(c)).

When something changes after delivery

The statute says a later event that makes an answer inaccurate “does not constitute a violation” (La. R.S. 9:3198(C)). The 2026 form asks for more. Its acknowledgment page says the seller “shall notify all parties, in writing, immediately” if information becomes inaccurate. A roof leak after a storm between contract and closing is the common case.

Which Louisiana Sales Are Exempt From Property Disclosure?

La. R.S. 9:3197(B) lists 14 kinds of transfers the disclosure chapter does not cover, and most turn on who is selling. Three matter most to owners under pressure:

(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.

(4) Transfers by a fiduciary in the course of administration of a decedent's estate, guardianship, conservatorship, or trust.

(7) Transfers from the succession executor or administrator pursuant to testate or intestate succession.

The rest cover transfers to or by a foreclosing lender, never-occupied new construction, co-owner buyouts, conversions to nonresidential use, and transfers to a spouse or blood relative. Divorce transfers between spouses, government transfers, relocation-company resales, inter vivos trusts, and corrective acts round out the list.

Executor versus heir

The exemption follows the role, not the family tie. An executor or administrator selling during a succession (Louisiana's version of probate) is exempt under item (7). An heir who holds a judgment of possession and sells in their own name is not on the list.

The same goes for heirs who took title through a small succession affidavit. Our guide to selling an inherited house in Louisiana explains how title moves to heirs.

The exemption page still asks about defects

The 2026 form opens with an exemption page. A seller who checks an exemption still picks a box. One declares the seller “has no knowledge of known defects.” Another says the seller knows of defects and “will disclose such known defects.”

An exemption from the form is not an exemption from the Civil Code. Redhibition reaches private sales by executors and heirs alike. Only “judicial sales resulting from a seizure” fall outside it (Civ. Code art. 2537).

Inside the 2026 Property Disclosure Document

The 2026 Property Disclosure Document is a 13-page LREC form with an exemption page, seven numbered sections, 52 questions, and an acknowledgment page (LREC, 01/2026 form). LREC said the 2026 mandatory forms “are effective January 1, 2026 and shall be used on and after such time” (LREC, November 2025).

Answers are Y, N, or NK for no knowledge. Watch the two-part questions, which ask about a problem during your ownership and before it. The first part offers only Y or N, so you cannot mark no knowledge about your own years in the house.

Houses built before 1978 also need the federal lead-based paint addendum (40 CFR Part 745, Subpart F). Question 42 asks about “current governmental liens or taxes owing.” Our guide to Louisiana's 2026 tax lien rules explains how unpaid taxes are paid off at closing.

What the Flood Questions in Section 6 Ask

Section 6 of the 2026 form asks 13 questions, Q25 through Q37, about flooding, flood insurance, claims, and federal aid.

Q25 asks about any “flooding, water intrusion, accumulation, or drainage problem” on the land. Q26 asks: “Has any structure on the property ever flooded, by rising water, water intrusion or otherwise?” Both cover your ownership and the years before it.

Yes answers are common here. In August 2016, 20 to 30 inches of rain fell, and estimates ranged from 50,000 to 75,000 structures flooded (National Weather Service, 2016). A house that was gutted and rebuilt after that flood still flooded. The question says “ever.”

Insurance, claims, and federal aid

Q27 through Q30 ask for the flood zone and its source, whether the house sits in a Special Flood Hazard Area, and whether you will share an elevation certificate. If there is flood insurance, the declarations page must be “ATTACHED.”

Q31 through Q34 ask about private and NFIP claims by you or a prior owner, with the amounts received. Q35 covers FEMA, SBA, or other federal flood aid, which can require the buyer to keep flood insurance under 42 U.S.C. 5154a. Q36 and Q37 cover Road Home grants and any covenant requiring flood insurance.

Wind, hail, and fire damage go in Q12, which asks for “all known claims, losses, work history, and payment history.” Claim history also shapes what a financed buyer can insure. Our guide to selling a Louisiana house when your insurance will not renew covers that side.

Does an As-Is Sale Waive Redhibition in Louisiana?

An as-is clause can waive the Civil Code's warranty against redhibitory defects, but it does not protect a seller who knew of a defect and hid or misstated it.

The warranty every seller gives

Civ. Code art. 2520 says “The seller warrants the buyer against redhibitory defects.” A serious defect allows rescission of the sale, and a lesser one allows “a reduction of the price.” But the seller “owes no warranty for defects in the thing that were known to the buyer” (art. 2521). A defect written on the form is known to the buyer.

What an as-is waiver requires

Civ. Code art. 2548 sets the rule:

The parties may agree to an exclusion or limitation of the warranty against redhibitory defects. The terms of the exclusion or limitation must be clear and unambiguous and must be brought to the attention of the buyer.

A buyer is not bound by an otherwise effective exclusion or limitation of the warranty when the seller has declared that the thing has a quality that he knew it did not have.

In practice, the waiver is a plain paragraph in the act of sale that the buyer reads and signs. A closing attorney or title company usually prepares it.

What an as-is waiver does not cover

A seller who knows of a defect “but omits to declare it” owes the price back, plus “damages and reasonable attorney fees” (Civ. Code art. 2545). Under art. 1953, “Fraud may also result from silence or inaction.” And a clause that limits liability in advance “for intentional or gross fault” is null (art. 2004).

The disclosure chapter does not limit any other obligation that “may exist in law” (La. R.S. 9:3200). Disclose what you know, then waive the warranty for what you do not know.

Deadlines depend on what the seller knew. A claim against a seller who knew runs one year from discovery or ten years from the sale, whichever comes first (Civ. Code art. 2534). Against a seller who did not know, it is two years from delivery or one year from discovery.

Act 708: Vacant Residential Land Joins the Law in 2027

Starting January 1, 2027, Act 708 of 2026 extends the disclosure chapter to “vacant residential property,” which means residential land, not an empty house.

The Governor signed HB 1166 as Act 708 on June 2, 2026. Its new La. R.S. 9:3196(7)(a) reads:

“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.

Empty houses were always covered, because the chapter reaches dwellings “occupied or intended for occupancy.” What changes is the lot with only a slab left after a fire or storm. legis.la.gov already shows the Act 708 wording, but until January 1, 2027, the earlier text governs.

How a Cash Offer Can Be Priced on Your Disclosed Defects

A direct cash buyer can use your completed disclosure form to price known defects into one offer up front, instead of renegotiating after an inspection.

In a listed sale, disclosed flood history or foundation repair often turns into repair requests, credits, or an insurance quote the buyer cannot carry. Statewide, the median house took 69 days to sell (Louisiana REALTORS, August 2026). Redfin counted 28.1 percent of Louisiana listings with a price drop (Redfin Data Center, May 2026).

Zillow puts the typical Louisiana house value at $217,039, up 2.1 percent in a year (Zillow ZHVI, August 2026). A major foundation or flood repair takes a larger share of that value than it would in a higher-priced state.

Selling for cash does not remove the form. Unless an exemption applies, a direct sale still needs a completed Property Disclosure Document. What changes is that the defects get priced once, with no lender or appraiser to satisfy.

Propcash is a direct cash homebuyer that makes offers as a principal. Share what you know, including your answers on the form, and see one cash offer with the reasoning shown. Cash closings can happen in as few as 7 days, and you pick the closing date.

To see your options, get a cash offer and compare it with what a listing would net after repairs. If a cash sale is not the right fit, Propcash will say so. See our Louisiana seller resources and our page on selling a house that needs major repairs.

Frequently Asked Questions

Is a property disclosure required in Louisiana when selling without a real estate agent?

Yes, in most cases. La. R.S. 9:3197(A) applies the disclosure chapter to residential sales whether or not a real estate licensee is involved. A for-sale-by-owner seller, or one selling directly to a cash buyer, still completes the form unless an exemption in R.S. 9:3197(B) applies.

When does a Louisiana seller have to deliver the Property Disclosure Document?

The seller must deliver it no later than the time the buyer makes an offer, under La. R.S. 9:3198(B)(2). If it arrives later, the buyer has 72 hours after receipt, not counting weekends and holidays, to withdraw or end the contract without penalty and get the deposit back.

Do heirs have to complete the Louisiana Property Disclosure Document?

It depends on who signs the sale. A succession executor or administrator is exempt under La. R.S. 9:3197(B)(7). An heir who holds a judgment of possession and sells in their own name is not on the exemption list. That heir completes the form and can mark NK where that is true.

Does selling as is protect a Louisiana seller from redhibition claims?

Partly. Civil Code art. 2548 allows a clear and unambiguous waiver of the redhibition warranty that is brought to the buyer's attention. It does not bind the buyer when the seller declared a quality the seller knew the house lacked. Under art. 2545, a seller who hides a known defect also owes damages and attorney fees.

What flood history does the Louisiana disclosure form ask about?

Section 6 of the 2026 form asks whether the land or any structure ever flooded, during or before your ownership. It also asks about the flood zone, flood insurance, elevation certificates, private and NFIP claims with amounts, FEMA or SBA aid, and Road Home grants.

Does Louisiana's disclosure law apply to vacant lots?

Starting January 1, 2027, it covers residential land. Act 708 of 2026 adds vacant residential property, including lots with only slabs, wells, septic systems, or sheds. Empty houses were already covered, and land used for agricultural, commercial, or industrial purposes stays outside the definition.

Sources: La. R.S. 9:3196 to 9:3200; Act 708 of 2026; Civil Code arts. 1953, 2004, and 2520 to 2548; LREC form (01/2026); National Weather Service; Louisiana REALTORS; Redfin; Zillow. Propcash is a direct cash homebuyer, not a law firm. Talk to a Louisiana attorney about specific disclosure questions.