Sell in Lafayette with Meydomo

Property Disclosure Document

Louisiana law (La. R.S. 9:3195-9:3199) requires sellers to furnish buyers with a Property Disclosure Document. The Louisiana Real Estate Commission provides a standardized disclosure form that sellers must complete, answering questions about the property’s condition (including structural items, appliances, termites, flooding history, zoning, etc.). This disclosure must be delivered to the buyer *before* the buyer signs a purchase agreement. Sellers are expected to update the disclosure if any material change occurs before closing. If a seller fails to provide the disclosure or misrepresents facts, they can be liable for damages and attorney fees. (Certain transfers, like succession sales or sales of new construction, are exempt or have alternative warranty law.)

• La. Rev. Stat. §9:3198

MLS Policies

Louisiana’s MLS systems (like GSREIN in the New Orleans area or MLXchange in Baton Rouge) require listing brokers to have a written listing agreement. The MLS rules incorporate Clear Cooperation (one business day rule). Most MLSs in Louisiana require a primary photo and detailed listing data. They also often require that the seller’s Property Disclosure Document be attached to the MLS listing (or a statement if buyer has refused to sign it). MLS remarks cannot violate Fair Housing laws. Notably, because flood insurance is a big issue in Louisiana, MLS listings often indicate the current flood zone and whether a flood insurance policy is in effect, but actual flood claims history should be disclosed on the state form as required (there is a specific question about flood damage/insurance claims on Louisiana’s form).

• GSREIN Rules

Lead-Based Paint Hazard Disclosure

Federal law (Residential Lead-Based Paint Hazard Reduction Act of 1992) requires sellers of homes built before 1978 to disclose any known lead-based paint or lead hazards and provide buyers with the EPA’s lead hazard information pamphlet. Buyers must also be given a 10-day opportunity to conduct a lead paint inspection or waive that right.

• 42 U.S.C. 4852d
• 24 CFR 35

Fair Housing Act (No Discriminatory Advertising)

Under the federal Fair Housing Act, sellers (and their agents) must not publish any advertisement for the listing that expresses a discriminatory preference based on protected classes (e.g. race, color, religion, sex, disability, familial status, or national origin). For example, statements such as 'no children' or other exclusions in home listings are unlawful.

• 42 U.S.C. §3604(c)