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Mandated DisclosuresSeller_disclosuresEASY

Marie is purchasing a single-family home in Baton Rouge. The seller, Thomas, acquired the property through a sheriff's sale following a foreclosure proceeding. Thomas's listing agent asks whether Thomas must provide Marie with a Louisiana Residential Property Disclosure Document. Which of the following is correct?

Correct Answer

B) Thomas is exempt from providing the disclosure document because the property was acquired through a sheriff's sale

Under La. R.S. 9:3198, certain transactions are explicitly exempt from the Louisiana Residential Property Disclosure Act. Transfers resulting from a foreclosure or sheriff's sale are among the listed exemptions. Because Thomas acquired the property through a sheriff's sale, he is not required to provide the Property Disclosure Document to Marie.

Answer Options
A
Thomas must provide the disclosure document because all residential sales in Louisiana require it
B
Thomas is exempt from providing the disclosure document because the property was acquired through a sheriff's sale
C
Thomas must provide the disclosure document, but only if Marie requests it in writing within five days
D
Thomas is exempt only if the property was acquired within the past twelve months of the current sale

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Related Topics & Key Terms

Key Terms:

disclosure_exemptionssheriff_saleforeclosureresidential_disclosure

Related Concepts

Environmental hazards disclosure involves informing buyers about environmental contamination or hazards affecting or potentially affecting a property, including underground storage tanks, contaminated soil, hazardous waste, and proximity to Superfund sites.

Flood zone disclosure requires informing buyers whether a property is located in a designated flood zone as mapped by FEMA. Properties in high-risk flood zones may require mandatory flood insurance.

HOA disclosure requires informing buyers about the existence, rules, fees, financial health, and restrictions of a homeowners association governing the property. This information helps buyers understand their obligations before purchase.

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