There are many aspects to the Louisiana residential sales contract that can sound one way but mean something completely different. One thing that comes up often during discussions when preparing an offer for the buyer and seller is the “AS-IS” clause. Most people think it means that the condition of the home currently is how you buy it, no matter what’s wrong with it. In the state of Louisiana it doesn’t mean that at all. In the simplest terms the “AS-IS” clause means, after you have had inspections and the sellers have remedied repair issues. At the time of closing, the home is sold to you “AS-IS”. There is a caveat to this as well. For example if you buy a home “AS-IS,” and you’ve had your inspections, everything was repaired and on moving day you notice a stain on the ceiling in the kitchen. You don’t think much of it – nothing a little paint can’t fix. The next morning you walk into the kitchen and that stain looks a little bigger, even a little wetter than it did yesterday. You decide to go in the attic to check out the issue. Sure enough, the air conditioning pan is leaking water, the floater switch hadn’t been working properly, and the pan isn’t draining. You immediately call an A/C repairman out. The repairman gets there with speed. When he walks in the door he says “I know this house. This is the third time I’ve been out here, I told the last owners they needed a new drain line, drip pan and floater switch but they never would listen to me. Bells and alarms are going off in your head. The sellers never mentioned this in the property disclosure. You may be thinking now “but I bought the home AS-IS”. Guess What? You are protected by Louisiana law. The sellers knowingly withheld pertinent information about the home. You can take them to court for this and the cost of the repairs.
So the next time you purchase or sell your home here in Ascension Parish or anywhere in the state of Louisiana, don’t think you are stuck because the “AS-IS” box was checked on your contract. As a matter of fact, most re-sale property in Louisiana is sold “AS-IS” without warranty. You now know that you have rights after that box is checked, and nobody can pull the wool over your eyes because you bought a home “AS-IS”.
“because YOU matter”