HLS 12RS-302 ORIGINAL
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 341
BY REPRESENTATIVE THOMPSON
PROPERTY/IMMOVABLE: Provides relative to the application of the New Home
Warranty Act
AN ACT1
To amend and reenact R.S. 9:3143(3) and 3150, relative to the New Home Warranty Act;2
to provide relative to applicability to certain structures; to exclude application to3
certain unimproved land; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 9:3143(3) and 3150 are hereby amended and reenacted to read as6
follows:7
§3143. Definitions8
For purposes of this Chapter the following words, phrases, and terms shall9
be defined and construed as follows:10
* * *11
(3) "Home" means any new structure designed and used only for residential12
use, together with all attached and unattached structures, constructed by the builder13
whether or not the land was purchased from the builder. Such term includes14
structures containing multiple family dwellings or residences, but does not include15
the unimproved land beyond the foundation upon which new attached and unattached16
structures are located.17
* * *18 HLS 12RS-302 ORIGINAL
HB NO. 341
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§3150. Exclusiveness1
A. This Chapter provides the exclusive remedies, warranties, and peremptive2
periods as between builder and owner relative to home construction, and no other3
provisions of law relative to warranties and redhibitory vices and defects shall apply.4
B. Nothing herein in this Chapter shall be construed as affecting or limiting5
any of the following:6
(1) any Any warranty of title to land or improvements.7
(2) Any warranty to the unimproved land beyond the foundation upon which8
new attached and unattached structures are located.9
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Thompson HB No. 341
Abstract: Provides for the application of the New Home Warranty Act to only the new
attached and unattached structures and foundation upon which such structures are
located.
Present law defines "home" as any new structure designed and used only for residential use,
together with all attached and unattached structures, constructed by the builder whether or
not the land was purchased from the builder, and further provides that "home" includes
structures containing multiple family dwellings or residences.
Proposed law retains present law except it provides that "home" does not include the
unimproved land beyond the foundation upon which all new attached and unattached
structures are located.
Present law provides that the New Home Warranty Act provides the exclusive remedies,
warranties, and peremptive periods as between builder and owner relative to home
construction, and no other provisions of law relative to warranties and redhibitory vices and
defects shall apply.
Present law provides that the New Home Warranty Act shall not be construed as affecting
or limiting any warranty of title to land or improvements.
Proposed law retains present law and also provides that the New Home Warranty Act shall
not be construed as affecting or limiting any warranty to the unimproved land beyond the
foundation upon which new attached and unattached structures are located.
(Amends R.S. 9:3143(3) and 3150)