PublicLegal-authored self-help deed form. Provided for customers to complete with their own transaction information and submit to the proper local recording office. Recorder offices and state agencies may require separate supplemental forms, taxes, fees, or cover sheets, and requirements vary by jurisdiction and transaction. Review the product notes and confirm local recording requirements before relying on any completed deed.

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What Is a Louisiana Act of Sale with Warranty?

Louisiana is a civil-law jurisdiction. The Louisiana instrument commonly comparable to a warranty deed is an act of sale with warranty for immovable property. Louisiana warranty protection is based on Civil Code Article 2500 and related sales-warranty articles, especially the seller's warranty against eviction by a third-party right existing at the time of sale and undisclosed encumbrances. It is not based on common-law covenants.

When to Use an Act of Sale with Warranty in Louisiana

  • Transferring Louisiana immovable property by sale when warranty-against-eviction protection is intended.
  • Working with a Louisiana notary, attorney, title company, lender, or settlement professional that expects authentic-act sale documentation.
  • Using the Louisiana deed path only after confirming the instrument matches the intended warranty scope and the parties' transaction.

Louisiana Requirements for an Act of Sale with Warranty

  • Signing: Louisiana sale acts generally identify and are signed by the vendor and purchaser. If the property is a Louisiana community immovable, both spouses generally must concur in the alienation unless a specific exception applies.
  • Authentic Act: Louisiana immovable transfers are usually handled as an authentic act signed before a notary public and two witnesses. An act under private signature may be valid in limited circumstances, but it does not provide the same full-proof status as an authentic act.
  • Remote Online Notarization: Remote online notarization cannot produce a Louisiana authentic act. Use Louisiana counsel, title, or notarial support before relying on remote execution for an immovable-property transfer.
  • Recording: Record the act in the conveyance records of the parish where the property is located. Orleans Parish uses the Land Records Division of the Clerk of Civil District Court.
  • Transfer Tax / Recording Fees: Louisiana does not impose a state real estate transfer tax on deeds. Parish recording fees apply and vary by parish.
  • Legal Description: Use the full legal description for the immovable property from a prior recorded act, title commitment, survey, or other reliable title source. A street address alone is usually not enough.

Louisiana Warranty Act vs Quitclaim Act

A Louisiana act of sale with warranty is based on the Civil Code sales-warranty system, not common-law covenants of seisin, further assurances, or warranty forever. A Louisiana quitclaim-style transfer is better described as a transfer of rights under Civil Code Article 2502: the transferor transfers whatever rights the transferor has without warranting that the rights exist. Louisiana has no separate “grant deed” category.

Frequently Asked Questions

Does Louisiana use common-law warranty deeds?

No. Louisiana uses civil-law acts for immovable-property transfers. A Louisiana warranty product should be understood as an act of sale with warranty under the Louisiana Civil Code, not as a common-law covenant instrument.

What is an authentic act?

An authentic act is a writing executed before a notary public or other authorized officer, in the presence of two witnesses, and signed by each party who executed it, each witness, and the notary or officer. It is the standard Louisiana execution structure for immovable-property transfers.

Can I use remote online notarization for a Louisiana authentic act?

No. Louisiana law provides that remote online notarization cannot produce an authentic act. An remotely notarized instrument may have different status and should be reviewed with Louisiana counsel, title, or notarial support before recording.

Where do I record a Louisiana act of sale?

Record the act in the conveyance records of the parish where the immovable property is located. Orleans Parish uses the Land Records Division of the Clerk of Civil District Court.

Who provides this deed form?

PublicLegal provides this self-help deed form template for customers to complete with their own transaction information. For transaction-specific legal, title, tax, notarial, settlement, or recording guidance, consult a Louisiana attorney, title company, tax professional, Louisiana notary, or the appropriate parish recording office.

Does an act of sale release a mortgage or clear liens?

No. A transfer act changes title to immovable property. It does not release a borrower from an existing mortgage, remove liens or privileges, or replace lender consent, payoff, refinance, or assumption requirements.