The Louisiana Property Disclosure Form, Explained

Every residential sale in Louisiana runs through a multi-page form most people sign without reading: the Residential Property Disclosure Document. Sellers treat it as paperwork; buyers skim it on the way to the offer. Both are making a mistake. For the seller, it's the single document that decides whether a problem the buyer finds next year is the buyer's problem or yours. For the buyer, it's the closest thing you'll get to the seller's honest account of the house — and the thing that determines what you've agreed to accept. Here's what the form is, what it requires, and how "as is" actually works in Louisiana.

What the law requires

Louisiana's disclosure statute (La. R.S. 9:3196–3200) requires the seller of residential property — one to four units — to complete the state-mandated Residential Property Disclosure Document, a form published by the Louisiana Real Estate Commission, and deliver it to the buyer before the buyer signs a purchase agreement. The seller signs it, the buyer signs to acknowledge receipt, and it becomes part of the deal file.

The form asks the seller a long list of yes/no/unknown questions about the property, organized roughly as:

• Land and boundaries — surveys, encroachments, servitudes, drainage, whether the property has ever flooded.
• Structure — foundation, roof, walls, windows, additions and whether they were permitted.
• Systems — plumbing, electrical, HVAC, water heater, sewer or septic, and any known problems.
• Flooding and water — a detailed section covering flood zone status, past flood events, flood insurance claims, and whether the property received federal disaster assistance. This section has been expanded over the years and is the one Louisiana buyers should read most carefully.
• Termites and pests — known infestations, prior treatment, existing termite contracts.
• Environmental and other — lead paint, asbestos, underground tanks, homeowners association rules and dues, litigation, and anything else affecting the property.

Each answer is a statement of what the seller knows. There's a space for explanations, and sellers should use it.

Who's exempt

Some transfers don't require the form. The main exemptions:

• Transfers between co-owners, between spouses, or to a relative
• Transfers by court order, in a succession, or through foreclosure or a sheriff's sale
• Transfers to or from a government entity
• New construction that has never been occupied
• Certain transfers by a lender that acquired the property through foreclosure

If you're not sure whether you're exempt, you're probably not — and delivering the form anyway costs nothing and protects you.

The seller's duty: disclose what you know, not what you don't

The statute is specific about the standard. The seller must disclose known defects — conditions the seller has actual knowledge of that would materially affect the property's value or a buyer's decision. The seller is not required to hire an inspector, investigate the house, or disclose things they genuinely don't know. "Unknown" is a legitimate answer when it's true.

What the seller cannot do is answer "no" to something they know is a "yes," or use "unknown" to dodge a problem they've lived with. The roof that leaked twice, the slab crack you patched, the water that came into the garage during the last big rain — those are known, and the form asks about them directly.

If something changes between signing the disclosure and the act of sale — a new leak, a storm — the seller is expected to update the disclosure and deliver the amended version to the buyer.

"As is" and the waiver of redhibition

This is the part that makes Louisiana different, and it's worth understanding whichever side of the table you're on.

Louisiana's civil code gives buyers a remedy called redhibition: if a home has a hidden defect serious enough that the buyer wouldn't have bought it, or would have paid less, the buyer can rescind the sale or recover a price reduction — even if the seller didn't know about the defect. That's a powerful default rule, and it's why nearly every Louisiana purchase agreement includes a clause where the buyer waives redhibition and accepts the property "as is."

The waiver is standard, and buyers should expect to sign one. But two things survive it:

1. The seller's duty to disclose known defects. A waiver of redhibition doesn't let a seller hide what they know. If the seller knew about a defect and didn't disclose it, the buyer can still sue — the law treats that as fraud, and fraud isn't waivable.
2. The disclosure form itself. The form is the record of what the seller claimed to know. A "no" that turns out to have been a knowing lie is the buyer's evidence.

So the practical meaning of "as is" in Louisiana is: the buyer accepts every defect the seller didn't know about, and the seller remains responsible for every defect they did. That's why an honest, thorough disclosure protects the seller far more than a vague one. A defect you disclosed is one the buyer accepted.

What happens if the form is late or missing

The disclosure has to arrive before the buyer signs the purchase agreement. If it doesn't:

• If the seller delivers it after the agreement is signed, the buyer generally has 72 hours after receiving it to terminate the agreement without penalty.
• If the seller never delivers it, the buyer can generally terminate any time up to the act of sale.

Timing matters for sellers, then: have the form completed before the listing goes live, and make sure it's in the buyer's hands with the listing packet, not chased down after the offer comes in.

How sellers should fill it out

• Do it yourself, and do it carefully. Your agent can explain the questions but can't answer them for you. It's your knowledge and your signature.
• When in doubt, disclose. The instinct is to leave off anything that might scare a buyer. The opposite is true: a disclosed defect is a defect the buyer accepted; an undisclosed one is a lawsuit.
• Use the explanation space. "Yes — roof leaked at the rear valley in 2023, repaired by ABC Roofing, no issues since" is a far better answer than a bare "yes." It tells the buyer the problem was handled and gives them a way to verify it.
• Attach documents. Repair invoices, the termite contract, the elevation certificate, the last flood insurance declaration. Anything that backs up an answer.
• Be precise about flooding. Louisiana buyers are trained to look at this section first. If the house flooded, say when, how much water, and what was done. If it didn't, say so plainly. Our guide to selling a home in a Louisiana flood zone covers how to present a flood history without killing the deal.
• Update it if anything changes before closing.

How buyers should read it

• Read it before you offer, not at closing. It's meant to inform the price you write.
• "Unknown" is a question, not an answer. A seller who's owned a house for fifteen years and doesn't know whether the roof leaks either isn't paying attention or is being careful. Either way, that's an item for your inspector.
• Cross-check it against the inspection. The disclosure and the home inspection are two views of the same house. Where they disagree, ask why.
• Pay special attention to flooding and additions. Flood history determines your insurance cost; unpermitted additions can affect your ability to insure, finance, or resell.
• Keep your copy. If a defect the seller knew about surfaces later, the signed disclosure is the document that makes your case.

The bottom line

The Louisiana property disclosure form is the seller's sworn account of what they know about the house, delivered before the buyer signs, and it does its real work after closing. Because nearly every Louisiana contract waives redhibition, the disclosure is the line between "the buyer accepted it" and "the seller hid it" — so sellers should disclose fully and specifically, and buyers should read it as carefully as the inspection report. This is general information, not legal advice; if there's a dispute over a disclosure, a Louisiana real estate attorney is the right call.