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La. Rev. Stat. § 9:3198 (2026)

Duties of the seller; delivery of property disclosure document; termination of real estate contract; information contained in document and inaccuracies; required disclosure of information relative to homeowners' associations; and restrictive covenants; liability of seller

✓ current as of May 2026
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§3198. Duties of the seller; delivery of property disclosure document; termination of real estate contract; information contained in document and inaccuracies; required disclosure of information relative to homeowners' associations; and restrictive covenants; liability of seller

           A.(1) The seller of residential real property shall complete a property disclosure document in a form prescribed by the Louisiana Real Estate Commission or a form that contains at least the minimum language prescribed by the commission. The promulgation of this form shall be conducted in accordance with the Administrative Procedure Act no later than April 1, 2004.

           (2)(a) Included with the property disclosure documents required by this Section shall be statements of notification to the purchaser as to whether he is obligated to be a member of a homeowners' association as a homeowner in the community in which he is purchasing property and whether the residential property he is purchasing is subject to a common regime of restrictive covenants or building restrictions, or both.

           (b) Included with the property disclosure documents required by this Section shall be a statement as to whether or not an illegal laboratory for the production or manufacturing of methamphetamine was ever located on the property.

           (c) Included with the property disclosure documents required by this Section shall be a statement as to whether or not a cavity created within a salt stock by dissolution with water lies underneath the property and whether or not the purchasing property is within two thousand six hundred forty feet of a solution mining injection well.

           (3) The statement shall inform the purchaser that the information included in the disclosure statement relative to any homeowners' association is summary in nature and that restrictive covenants and building restrictions are a matter of public record. The statement shall also include notification to the purchaser that homeowners' association governing documents may be requested from the seller and how to obtain documents regarding any restrictive covenants and building restrictions governing the property to be purchased.

           (4) As used in this Subsection, "homeowners’ association" or "association" means a nonprofit corporation, unincorporated association, or other legal entity which is created pursuant to a declaration whose members consist primarily of lot owners, and which is created to manage, maintain, or otherwise affect the association property or which otherwise governs the use of association property.

           (5) Forms used for compliance with Paragraph (1) of this Subsection on and after April 1, 2005, shall also include a clause for the seller to indicate whether the property has been zoned commercial or industrial.

           B.(1) The seller shall complete the property disclosure document in good faith to the best of the seller's belief and knowledge as of the date the disclosure is completed and signed by the seller. If the seller has no knowledge or information required by the disclosure document, the seller shall so indicate on the disclosure statement and shall be in compliance with this Chapter.

           (2) The seller shall deliver or cause to be delivered the completed and signed property disclosure document to the purchaser no later than the time the purchaser makes an offer to purchase, exchange, or option the property or exercises the option to purchase the property pursuant to a lease with an option to purchase.

           (3)(a) If the property disclosure document is delivered to the purchaser after the purchaser makes an offer, the purchaser may terminate any resulting real estate contract or withdraw the offer no later than seventy-two hours, excluding federal and state holidays and weekends, after receipt of the property disclosure document. Notwithstanding any other agreement between the purchaser and seller, if the purchaser terminates a real estate contract or withdraws an offer in accordance with this Chapter, the termination or withdrawal of offer is without penalty to the purchaser and any deposit or earnest money shall be promptly returned to the purchaser.

           (b) Any rights of the purchaser to terminate the real estate contract provided by this Chapter are waived if not exercised prior to transfer of title or occupancy, whichever is earlier, by the purchaser in the case of a sale or exchange, or prior to the transfer of title in the case of a purchase pursuant to a lease with option to purchase.

           (c) A transfer subject to this Chapter is not invalidated solely due to the failure of any person to comply with this Chapter.

           (d) The provisions of this Chapter shall not affect any other rights of a purchaser to terminate a real estate contract for reasons other than those set forth in this Chapter.

           C. If information disclosed in accordance with this Chapter becomes inaccurate as a result of any action, occurrence, or agreement after delivery of the property disclosure document, the resulting inaccuracy does not constitute a violation of this Chapter.

           D.(1) A property disclosure document shall not be considered as a warranty by the seller. The information contained within the property disclosure document is for disclosure purposes only and is not intended to be a part of any contract between the purchaser and seller.

           (2) The property disclosure document may not be used as a substitute for any inspections or warranties that the purchaser or seller may obtain. Nothing in this Chapter precludes the rights or duties of a purchaser to inspect the physical condition of the property.

           E. A seller shall not be liable for any error, inaccuracy, or omission of any information required to be delivered to the purchaser in a property disclosure document if either of the following conditions exists:

           (1) The error, inaccuracy, or omission was not a willful misrepresentation according to the best of the seller's information, knowledge, and belief.

           (2) The error, inaccuracy, or omission was based on information provided by a public body or by another person with a professional license or special knowledge who provided a written or oral report or opinion that the seller reasonably believed to be correct and which was transmitted by the seller to the purchaser.

           Added by Acts 2003, No. 308, §1, eff. June 13, 2003; Acts 2004, No. 452, §1, eff. July 1, 2005; Acts 2004, No. 546, §1; Acts 2008, No. 681, §1; Acts 2013, No. 369, §1, eff. August 1, 2013; Acts 2018, No. 559, §1, eff. August 1, 2018; Acts 2022, No. 581, §1, eff. January 1, 2023.

Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 2005–2025 · leading case: Stutts v. Melton, 130 So. 3d 808 (La. 2013).
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Stutts v. Melton, 130 So. 3d 808 (La. 2013). · cites it 5× “R.S. 9:3198(A)(1). This form is known as the Residential Property Disclosure Statement.”
Clement v. Graves, 924 So. 2d 196 (La. Ct. App. 2005). · cites it 3× “LSA-R.S. 9:3198(A)(1). A "property disclosure document" is defined as a document or a form that discloses, at a minimum, known defects in the residential property.”
Williams v. Nelson, 263 So. 3d 466 (La. Ct. App. 2018). · cites it 4× “R.S. 9:3198(B)(1) provides: [t]he seller shall complete the property disclosure document in good faith to the *474 best of the seller's belief and knowledge as of the date the disclosure is completed and signed by the seller.”
Williams v. Nelson, 136 So. 3d 793 (La. 2014). · cites it 2× “Plaintiff buyers allege that the sellers, given the option to choose in the disclosure form required by LSA-R.S. 9:3198 et seq. “yes,” “no,” or “no knowledge,” checked the “no” boxes for each inquiry regarding defects in the property, but later, after defects were discovered,…”
Powell v. J & R Enter.-Shreveport, LLC, 91 So. 3d 1185 (La. Ct. App. 2012). · cites it 6× “R.S. 9:3198 precludes him from seeking specific performance of the contract.”
Williams v. Nelson, 263 So. 3d 466 (La. Ct. App. 2018). · cites it 4× “R.S. 9:3198(B)(1) provides: [t]he seller shall complete the property disclosure document in good faith to the *474 best of the seller's belief and knowledge as of the date the disclosure is completed and signed by the seller.”
Gilchrease v. D.R. Horton, Inc. - Gulf Coast (E.D. La. 2025). · cites it 10× “R.S. § 9:3198. Included in this document must be a “notification to the purchaser as to whether he is obligated to be a member of a homeowners’ association as a homeowner in the community in which he is purchasing property.”
Novak v. St. Maxent-Wimberly House Condo., Inc. (E.D. La. 2020). · cites it 7× “R.S. 9:3198. “A seller shall not be liable for any error, inaccuracy, or omission of any information required to be delivered to the purchaser in a property disclosure document” if the error “was not a willful misrepresentation according to the best of the seller's information,…”
Mark Stephen Jaskot & Diane M. Robertson Jaskot v. Lyle K. Doublet & Riverside Inspections, LLC (La. Ct. App. 2020). · cites it 7× “R.S. 9:3198,6 she advised Doublet that he was required to answer all questions in good faith.”
Mark Stephen Jaskot & Diane M. Robertson Jaskot v. Lyle K. Doublet & Riverside Inspections, LLC (La. Ct. App. 2020). · cites it 7× “R.S. 9:3198,6 she advised Doublet that he was required to answer all questions in good faith.”
Reed v. Mitchell, 275 So. 3d 961 (La. Ct. App. 2019). · cites it 4× “R.S. 9:3198 expired 72 hours after the form was provided to the Reeds (albeit late) as per La.”
Reed v. Mitchell, 275 So. 3d 961 (La. Ct. App. 2019). · cites it 4× “R.S. 9:3198 expired 72 hours after the form was provided to the Reeds (albeit late) as per La.”
Show all 14 citing cases →
— La. Rev. Stat. § 9:3198(A)(1) — 2 cases
Stutts v. Melton, 130 So. 3d 808 (La. 2013). “R.S. 9:3198(A)(1). This form is known as the Residential Property Disclosure Statement.”
Clement v. Graves, 924 So. 2d 196 (La. Ct. App. 2005). “LSA-R.S. 9:3198(A)(1). A "property disclosure document" is defined as a document or a form that discloses, at a minimum, known defects in the residential property.”
— La. Rev. Stat. § 9:3198(A)(2)(a) — 1 case
Gilchrease v. D.R. Horton, Inc. - Gulf Coast (E.D. La. 2025). “R.S. § 9:3198. Included in this document must be a “notification to the purchaser as to whether he is obligated to be a member of a homeowners’ association as a homeowner in the community in which he is purchasing property.”
— La. Rev. Stat. § 9:3198(A)(4) — 1 case
Gilchrease v. D.R. Horton, Inc. - Gulf Coast (E.D. La. 2025). “R.S. § 9:3198. Included in this document must be a “notification to the purchaser as to whether he is obligated to be a member of a homeowners’ association as a homeowner in the community in which he is purchasing property.”
— La. Rev. Stat. § 9:3198(B) — 2 cases
Powell v. J & R Enter.-Shreveport, LLC, 91 So. 3d 1185 (La. Ct. App. 2012). “R.S. 9:3198 precludes him from seeking specific performance of the contract.”
Ryan Chmielewski & Patricia Chmielewski versus Derek Sowell, Individually & on Behalf of Prospective Real Est., LLC of Colorado, & Shreveport Inv. Grp., LLC, D/B/A Keller Williams Realty NWLA (La. Ct. App. 2023).
— La. Rev. Stat. § 9:3198(B)(1) — 7 cases
Stutts v. Melton, 130 So. 3d 808 (La. 2013). “R.S. 9:3198(A)(1). This form is known as the Residential Property Disclosure Statement.”
Williams v. Nelson, 136 So. 3d 793 (La. 2014). “Plaintiff buyers allege that the sellers, given the option to choose in the disclosure form required by LSA-R.S. 9:3198 et seq. “yes,” “no,” or “no knowledge,” checked the “no” boxes for each inquiry regarding defects in the property, but later, after defects were discovered,…”
Williams v. Nelson, 263 So. 3d 466 (La. Ct. App. 2018). “R.S. 9:3198(B)(1) provides: [t]he seller shall complete the property disclosure document in good faith to the *474 best of the seller's belief and knowledge as of the date the disclosure is completed and signed by the seller.”
Williams v. Nelson, 263 So. 3d 466 (La. Ct. App. 2018). “R.S. 9:3198(B)(1) provides: [t]he seller shall complete the property disclosure document in good faith to the *474 best of the seller's belief and knowledge as of the date the disclosure is completed and signed by the seller.”
Ryan Chmielewski & Patricia Chmielewski versus Derek Sowell, Individually & on Behalf of Prospective Real Est., LLC of Colorado, & Shreveport Inv. Grp., LLC, D/B/A Keller Williams Realty NWLA (La. Ct. App. 2023).
— La. Rev. Stat. § 9:3198(B)(2) — 2 cases
Clement v. Graves, 924 So. 2d 196 (La. Ct. App. 2005). “LSA-R.S. 9:3198(A)(1). A "property disclosure document" is defined as a document or a form that discloses, at a minimum, known defects in the residential property.”
Powell v. J & R Enter.-Shreveport, LLC, 91 So. 3d 1185 (La. Ct. App. 2012). “R.S. 9:3198 precludes him from seeking specific performance of the contract.”
— La. Rev. Stat. § 9:3198(B)(3)(a) — 2 cases
Clement v. Graves, 924 So. 2d 196 (La. Ct. App. 2005). “LSA-R.S. 9:3198(A)(1). A "property disclosure document" is defined as a document or a form that discloses, at a minimum, known defects in the residential property.”
Powell v. J & R Enter.-Shreveport, LLC, 91 So. 3d 1185 (La. Ct. App. 2012). “R.S. 9:3198 precludes him from seeking specific performance of the contract.”
— La. Rev. Stat. § 9:3198(D) — 6 cases
Stutts v. Melton, 130 So. 3d 808 (La. 2013). “R.S. 9:3198(A)(1). This form is known as the Residential Property Disclosure Statement.”
Williams v. Nelson, 263 So. 3d 466 (La. Ct. App. 2018). “R.S. 9:3198(B)(1) provides: [t]he seller shall complete the property disclosure document in good faith to the *474 best of the seller's belief and knowledge as of the date the disclosure is completed and signed by the seller.”
Williams v. Nelson, 263 So. 3d 466 (La. Ct. App. 2018). “R.S. 9:3198(B)(1) provides: [t]he seller shall complete the property disclosure document in good faith to the *474 best of the seller's belief and knowledge as of the date the disclosure is completed and signed by the seller.”
Novak v. St. Maxent-Wimberly House Condo., Inc. (E.D. La. 2020). “R.S. 9:3198. “A seller shall not be liable for any error, inaccuracy, or omission of any information required to be delivered to the purchaser in a property disclosure document” if the error “was not a willful misrepresentation according to the best of the seller's information,…”
Richard Murray & Heather Dukes Ward Murray v. Terrill Clark Bostwick & Deborah Kay Reed Bostwick (La. Ct. App. 2019).
— La. Rev. Stat. § 9:3198(D)(1) — 3 cases
Williams v. Nelson, 263 So. 3d 466 (La. Ct. App. 2018). “R.S. 9:3198(B)(1) provides: [t]he seller shall complete the property disclosure document in good faith to the *474 best of the seller's belief and knowledge as of the date the disclosure is completed and signed by the seller.”
Gilchrease v. D.R. Horton, Inc. - Gulf Coast (E.D. La. 2025). “R.S. § 9:3198. Included in this document must be a “notification to the purchaser as to whether he is obligated to be a member of a homeowners’ association as a homeowner in the community in which he is purchasing property.”
Williams v. Nelson, 263 So. 3d 466 (La. Ct. App. 2018). “R.S. 9:3198(B)(1) provides: [t]he seller shall complete the property disclosure document in good faith to the *474 best of the seller's belief and knowledge as of the date the disclosure is completed and signed by the seller.”
— La. Rev. Stat. § 9:3198(E) — 6 cases
Stutts v. Melton, 130 So. 3d 808 (La. 2013). “R.S. 9:3198(A)(1). This form is known as the Residential Property Disclosure Statement.”
Williams v. Nelson, 263 So. 3d 466 (La. Ct. App. 2018). “R.S. 9:3198(B)(1) provides: [t]he seller shall complete the property disclosure document in good faith to the *474 best of the seller's belief and knowledge as of the date the disclosure is completed and signed by the seller.”
Novak v. St. Maxent-Wimberly House Condo., Inc. (E.D. La. 2020). “R.S. 9:3198. “A seller shall not be liable for any error, inaccuracy, or omission of any information required to be delivered to the purchaser in a property disclosure document” if the error “was not a willful misrepresentation according to the best of the seller's information,…”
Williams v. Nelson, 263 So. 3d 466 (La. Ct. App. 2018). “R.S. 9:3198(B)(1) provides: [t]he seller shall complete the property disclosure document in good faith to the *474 best of the seller's belief and knowledge as of the date the disclosure is completed and signed by the seller.”
Richard Murray & Heather Dukes Ward Murray v. Terrill Clark Bostwick & Deborah Kay Reed Bostwick (La. Ct. App. 2019).
— La. Rev. Stat. § 9:3198(E)(1) — 3 cases
Novak v. St. Maxent-Wimberly House Condo., Inc. (E.D. La. 2020). “R.S. 9:3198. “A seller shall not be liable for any error, inaccuracy, or omission of any information required to be delivered to the purchaser in a property disclosure document” if the error “was not a willful misrepresentation according to the best of the seller's information,…”
Mark Stephen Jaskot & Diane M. Robertson Jaskot v. Lyle K. Doublet & Riverside Inspections, LLC (La. Ct. App. 2020). “R.S. 9:3198,6 she advised Doublet that he was required to answer all questions in good faith.”
Mark Stephen Jaskot & Diane M. Robertson Jaskot v. Lyle K. Doublet & Riverside Inspections, LLC (La. Ct. App. 2020). “R.S. 9:3198,6 she advised Doublet that he was required to answer all questions in good faith.”
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