Month: July 2017

When do the Time Periods Outlined in the Louisiana New Home Warranty Act Begin to Run?

Question I represent the Buyer of a home that was completed approximately two (2) years ago.  The Seller of the home is the Builder who built the house for himself and his wife.  The Builder and his wife have lived in the home for the past two years. Does my Buyer still get the benefit of the Louisiana New Home Warranty Act? Answer Essentially, you are asking when did the one (1) year, two (2) yea ...[Read More]

How to Handle Back Up Offers

Question I am the Listing Agent. My Sellers are currently under contract with Buyer A.  Over the weekend, another Agent submitted an offer from Buyer B.  Buyer B’s offer is a cash offer (Buyer A’s offer is a financed offer) and Buyer B’s offer is higher than the current contract with Buyer A. What should I do? Answer This sounds like a “back-up offer” scenario. A strict reading of La. R.S. 9:3893, ...[Read More]

How To Protect Your Buyer When Purchasing a New Construction Home From a Non-Licensed, Self-Contractor

Question I represent the Buyers.  My clients are purchasing a new-construction home from an individual who self-contracted the home.  This Seller is telling me that since he is not a licensed contractor and builds homes “on the side” he doesn’t have to provide a New Home Warranty pursuant to the Louisiana New Home Warranty Act. Is he correct? Answer This question highlights the possible pitfalls B ...[Read More]