HLS 12RS-1070 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. 403
BY REPRESENTATIVE LORUSSO
PROPERTY: Requires disclosure of certain building restrictions or limitations on property
AN ACT1
To amend and reenact R.S. 9:3198(A)(3), relative to residential property disclosure; to2
provide for certain information to be disclosed; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. R.S. 9:3198(A)(3) is hereby amended and reenacted to read as follows:5
ยง3198. Duties of the seller; delivery of property disclosure document; termination6
of real estate contract; information contained in document and inaccuracies;7
required disclosure of information relative to homeowners' associations;8
liability of seller9
A.10
* * *11
(3)(a) The statement shall inform the purchaser that the information included12
in the disclosure statement relative to any homeowners' association is summary in13
nature and that the covenants and association governing documents are a matter of14
public record. The statement shall further inform the purchaser how such documents15
can be obtained.16
(b) The statement shall specifically inform the purchaser of any applicable17
building restrictions or restrictive covenants which may provide for restrictions as18
to the use of the property or as to the type of construction or materials to be used in19
the construction of any structure on the property.20
* * *21 HLS 12RS-1070 ORIGINAL
HB NO. 403
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)]
Lorusso HB No. 403
Abstract: Requires that the residential property disclosure statement inform the purchaser
of any applicable building restrictions or restrictive covenants which may provide
for restrictions as to the use of the property or as to the type of construction or
materials to be used in the construction of any structure on the property.
Present law provides that the seller of residential real property shall complete a property
disclosure document in a form prescribed by the La. Real Estate Commission or a form that
contains at least the minimum language prescribed by the commission.
Present law requires certain information to be included in the disclosure document,
including, a statement of notification to the purchaser as to whether or not he is obligated to
be a member of a homeowners' association, and as to whether or not an illegal laboratory for
the production or manufacturing of methamphetamine was in operation on the purchasing
property.
Present law requires the statement to inform the purchaser that the information included in
the disclosure statement relative to any homeowners' association is summary in nature and
that the covenants and association governing documents are a matter of public record.
Proposed law retains present law and also requires that the statement inform the purchaser
of any applicable building restrictions or restrictive covenants which may provide for
restrictions as to the use of the property or as to the type of construction or materials to be
used in the construction of any structure on the property.
(Amends R.S. 9:3198(A)(3))