Selling as-is in Louisiana: what you still have to disclose

Selling as-is means you won't make repairs, and with a clear waiver the buyer gives up most claims over hidden defects. It doesn't let you hide what you know. Unless your sale is exempt, Louisiana law still requires a written disclosure of the defects you know about, and a seller who conceals one can still be sued.

The disclosure form

Louisiana's disclosure law covers the sale of a house or a building with up to four homes, with or without an agent, and whoever the buyer is.

• What to disclose: "known defects," meaning problems you actually know of that substantially lower the value, significantly harm health or safety, or would significantly shorten the property's life if left unfixed.
• The form: the Louisiana Real Estate Commission's (LREC) Residential Property Disclosure Document, in its 2026 edition.
• When: by the time the buyer makes an offer. If it comes later, the buyer has 72 hours, not counting weekends and holidays, to back out and get the deposit back.
• What you don't know: mark it "NK," for no knowledge. The disclosure law doesn't hold you liable for an honest mistake on the form, only for a willful misrepresentation.
• Not a warranty: the form "shall not be considered as a warranty by the seller."

The form asks about the land, termites, the structure, plumbing, electrical systems and past damage from wind, hail or fire. New in 2026, it asks about "insurance claim(s) related to the property." Its flood section asks about past flooding, the flood zone, flood insurance and claims, and federal flood aid.

Who's exempt

The law doesn't cover court-ordered sales such as foreclosures; sales by a succession's executor or administrator, or another fiduciary; sales between co-owners, to a spouse or a blood relative, or between spouses in a divorce; and new homes no one has lived in.

A seller who never lived in the house, such as a landlord or an heir selling after the succession, isn't exempt. Answer what you know and mark the rest "NK."

Redhibition: hidden defects

Louisiana's Civil Code gives every buyer a warranty against "redhibitory" defects. These are hidden defects that make the house useless or so inconvenient that a buyer wouldn't have bought it, or that cut its value enough that the buyer would have paid less. The warranty doesn't cover defects the buyer knew of, or that "should have been discovered by a reasonably prudent buyer."

• If you didn't know of the defect, you must fix it, or else return the price with interest and the buyer's expenses. The buyer has two years from delivery or one year from finding the defect, whichever comes first.
• If you knew and didn't say, you owe the price back plus damages and "reasonable attorney fees." The buyer has one year from finding the defect, up to ten years after the sale.

As-is sales and waivers

An as-is sale usually includes a waiver of redhibition. Louisiana allows it, but the waiver "must be clear and unambiguous and must be brought to the attention of the buyer," so it's spelled out in the purchase agreement and the act of sale. LREC's 2026 standard agreement has a box for exactly that.

A waiver has limits:

• It doesn't bind the buyer if the seller "declared that the thing has a quality that he knew it did not have," such as answering "no" to the flood question when you know the house flooded.
• Hiding a known defect can be fraud, which "may also result from silence or inaction." The Louisiana Supreme Court has said "a seller cannot contract against his own fraud."

The safe as-is sale is an honest one: disclose what you know, then sell as-is.

Other disclosures

• Lead paint, in homes built before 1978. Give the buyer EPA's lead pamphlet and any lead reports, disclose lead hazards you know of, put the Lead Warning Statement in the contract, and allow 10 days to test unless the buyer waives it.
• Federal flood aid. If aid you got required flood insurance, tell the buyer in writing, in the sale documents. Otherwise you may have to repay future federal aid if the house floods uninsured.
• Not required. Louisiana law says a homicide, another felony or a suicide on the property isn't a material fact you must disclose.

Your options

Fix what you can and list with an agent for the best price. List as-is, so buyers who want a project can compete. Or sell as-is to a cash buyer for speed and no repairs, usually at a lower price. Either way, you disclose. Compare the real costs first.

Free help

For lead paint questions, EPA's National Lead Information Center answers at 1-800-424-5323. If you're not sure your sale is exempt, or how a waiver should read, ask a lawyer. The free legal aid listed at the end of this guide may help if you qualify.

How Passkey can help

We buy houses as-is, in any condition, and put a written cash offer in your hands within 24 hours of a short walk-through. Tell us what you know about the house, just as you would any buyer. Ask for an offer with the form on this page, or call (985) 317-2695.

Questions

Do I need the disclosure form if I sell to a cash buyer?

Yes, unless your sale is exempt. The law applies whoever the buyer is.

I inherited the house and never lived there. What do I disclose?

What you know, with "NK" for the rest. If the succession's executor or administrator is selling, the form isn't required. See selling an inherited house.

Do I have to disclose damage I've already repaired?

Yes. The form asks about past damage, repairs and insurance claims. Keep receipts and permits to show the work. See selling a storm-damaged house.