Find legal forms, law schools, and legal resources
(Typical legal consultation: $79–$149)
In Louisiana, the equivalent of a general warranty deed is called an "Act of Sale" (or "Vente"). Under Louisiana's civil law system, an Act of Sale is a contract that transfers ownership of immovable property (real estate) from a seller (vendor) to a buyer (vendee) for a specified price. It includes implied legal warranties, specifically the warranty against eviction (guaranteeing clear title) and the warranty against redhibitory defects (hidden physical defects).
An Act of Sale is the standard and required instrument for all traditional real estate transactions in Louisiana where a buyer is purchasing property from a seller.
An Act of Sale requires a price or consideration to be paid by the buyer to the seller, and it includes warranties of title. An Act of Donation is used when property is given entirely as a gift (gratuitous donation) without any payment. Donations have strict formal requirements and can be subject to forced heirship rules or revocation in certain civil law circumstances.
In Louisiana civil law, the warranty against eviction is the seller's guarantee that the buyer will not be deprived of the property by a third party with a superior legal claim or a hidden lien.
Redhibitory defects are hidden physical flaws in the property that render it useless or so diminished in value that the buyer would not have purchased it had they known. An Act of Sale generally warrants against these unless a specific "waiver of redhibition" (an "as is" clause) is included.
Yes. Unlike a common law deed where only the grantor signs, a Louisiana Act of Sale requires the signatures of both the seller and the buyer to confirm the agreement on the object and the price.
Instead of counties, Louisiana is divided into parishes. Acts of Sale are recorded with the Clerk of Court in the parish where the immovable property is located.
An Act of Cash Sale is used when the buyer pays the full price upfront (even if funded by a third-party mortgage). A Credit Sale is used when the seller finances a portion of the purchase price, retaining a vendor's privilege (lien) on the property.
Yes. Louisiana is a community property state, and any immovable property acquired during the marriage is presumed to be community property. Both spouses must sign the Act of Sale to transfer community property. If the property is separate property (acquired before marriage, by inheritance, or by donation to one spouse), only the owning spouse needs to sign, but this must be clearly identified in the act.
