Tuten Title & Escrow, LLC

Do My Sellers Have to Disclose Dead Trees on Their Property?

Question I am the listing agent on a property with a lot of trees.  One of the trees near the house was recently struck by lightning and died.  My Sellers believe the tree may eventually fall and asked whether they need to disclose the dead tree. I looked at the Property Disclosure form and there doesn’t appear to be a section that covers disclosure of “dead trees.” Does this mean my Sellers don’t ...[Read More]

Can My Buyers Fix the Issues with Their New Construction Home and Send the Builder the Bill?

Question My client recently bought a new construction home and found some issues that should be covered by the New Home Warranty Act. My client is trying to get in touch with the builder but is having trouble getting the builder on the phone. Should my client just hire a contractor to fix the issues and send the bill to the builder? Answer No, not yet. According to La. R.S. 9:3145, before undertak ...[Read More]

Are Builders Required by the Louisiana New Home Warranty Act to Fix the Driveway After Closing?

Question I represent the Buyers.  My clients really like a new construction Home.  Just one problem:  the driveway is starting crack/break off on one side where the grass meets the driveway. Should my Buyers purchase the property, wait for the cracking/breaking to stop and then request the Builder fix the driveway pursuant to the Louisiana New Home Warranty Act? Answer Your question highlights one ...[Read More]

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]