2026 Changes to Purchase Agreement and Property Disclosure

Louisiana REALTORS® • December 2, 2025

By: Eric Landry, Breazeale Sachse & Wilson, L.L.P.

      Louisiana REALTORS® Legal Counsel


Below are highlights of the changes to mandatory forms effective January 1, 2026.


Louisiana Residential Agreement to Buy or Sell: Specific Changes

Overall, several changes were made to re-order the agreement in an effort to have the agreement more closely track the sequence of events in a typical transaction. This resulted in relocation of several sections and corresponding changes to line number references in various places throughout the agreement.

  • A. Cover Page

    1. The lines for the “Listing Firm” and “Selling Firm” have been deleted.

    NOTE: There are still lines for “Brokerage Name & License Number” for both agents/brokers involved in the transaction.


    2. The lines next to the names and signature of the designated agent receiving the agreement indicating the “Day” have been deleted.


    3. The Electronic Notice Authorization has been amended to more concisely state that (i) the Buyer authorizes his or her agent, along with the Seller’s agent, to send information via email; and (ii) the parties consent to the electronic transmission of documents. The substance of these provisions are not materially different, but they have been shortened.

  • B. Property Description

    Line 16 was revised to identify all “installed” hardware (as opposed to “associated” hardware) as being included within the property description. This was done to clarify that the hardware must be installed in some way, rather than anything that may be merely “associated” with a property.

  • C. Mineral Rights

    Revised to more explicitly indicate (yes or no) whether Seller reserves mineral rights. The consequences to the Seller and Buyer resulting from the “yes” or “no” selection are then more clearly identified.

  • D. Additional Terms and Conditions

    This section was relocated from Prior Version, p. 9, lines 358-368, to lines 55-64. 

  • E. Financing

    Added lines 68-75 to indicate the a “cash buyer” must provide the seller with proof of funds and the types of documentation that will satisfy that requirement and includes a blank for the number of days to provide that documentation. Also, this section clarifies that the Seller can terminate the Agreement if Buyer fails to provide such documentation. This added section also grants Seller permission to contact the financial institution that issued such documentation.

  • F. Financed Sale

    Struck the language which stated that Buyer agrees to pay discount points not to exceed a specified percentage of the loan amount. If payment of discount points is required, that can be included in the “Other financing conditions” section. 

  • G. Deposit

    Removed the blank lines next to the different deposit types so that the dollar amount of the deposit is captured only one time.

  • H. Deposit Held by Third Party

    Revised for minor grammatical edits.

  • I. Return of Deposit

    Revised for minor grammatical edits and revised for updated line references within the section.

  • J. Private Water/Sewerage

    Option indicating “There is NO private water system(s) servicing only the primary residence” was relocated from the 4th to the 2nd provision within this section.

  • K. Appraisal

    This section was relocated from Prior Version, p. 4, ll. 113-122 to lines 262-271. No substantive change.

  • L. Home Service/Warranty

    This section was relocated from Prior Version, p. 7, ll. 269-280 to lines 290-299. No substantive change.

  • M. Final Walk Through

    Revised for minor grammatical edits.

  • N. Buyer Broker Compensation

    This section was added to indicate the amount that Seller will pay at closing toward the Buyer’s Broker’s compensation. This section further indicates that such payment will be disbursed from the Seller’s sale proceeds (not paid by the Seller’s Broker). Any party obligated to pay broker compensation shall provide additional funds at closing if the sale proceeds are insufficient to make such payment. This section clarifies provides that broker compensation is not set by law and is fully negotiable. Finally, this section also provides that the Buyer’s Broker shall not receive compensation, which exceeds the amount agreed upon in a buyer representation agreement required by Louisiana law.

  • O. Roles of Brokers and Designated Agents

    Revised for minor grammatical edits related to citations to Louisiana legal sources.

  • P. List Addenda to be Attached and Made a Part of this Agreement

    Option for “Deposit Addendum” struck, but “Deposit Addendum” can still be used if desired.

  • Q. Mold Related Hazards Notice / Offender Notification / Flood Hazard Information / Choice of Law

    These sections were relocated from Prior Version, p. 9, ll. 335-352 to lines 384 – 402, and links to sex offender registry and FEMA flood map were updated.

  • R. Deadlines

    This section was relocated from Prior Version, p. 9, ll. 354-356 to lines 416 – 418.

  • S. Expiration of Offer

    The boxes next to “Date/Time” have been removed to indicate that the Date/Time can simply be inserted in the applicable line.



Property Disclosure Document: Specific Changes

  • A. Property Disclosure Document

    1. Opening paragraph was revised for minor grammatical edits related to citation to Louisiana legal sources.


    2. Within the second paragraph, the parenthesis surrounding “despite any agreement to the contrary” was removed.


  • B. Property Disclosure Exemption Form

    1. Struck opening paragraph (the language struck is captured within the opening paragraph of the Property Disclosure Document).


    2. Struck the “Known defect” and “defect” definitions. The definitions are set forth in the “Key Definitions” section of the Property Disclosure Document.


    3. Within question 1 of Section 1: Land, language was added to prompt the Seller to include the year the property was purchased. This will eliminate the need for seller to complete the document more than once solely because the length of ownership may have changed since the form was originally completed when the property was listed for sale. 


    4. Within question 5 of Section 1: Land, a box was added that can be checked to indicate that additional information is attached to the form.


    5. Within question 7 of Section 2: Termites, Wood-Destroying Insects and Organisms, a box was added that can be checked to indicate that additional information is attached to the form.


    6. Within question 8 of Section 3: Structure(s), language was added to prompt the Seller to include the year(s) each structure was built. This will eliminate the need for seller to complete the document more than once solely because the age of structures may have changed since the form was originally completed when the property was listed for sale.


    7. Within question 10 of Section 3: Structure(s), language was added to prompt the Seller to include the year(s) each roof was installed and/or replaced. This will eliminate the need for seller to complete the document more than once solely because the age of the roof may have changed since the form was originally completed when the property was listed for sale.


    8. Within question 12 of Section 3: Structure(s), language was added to prompt the Seller to identify whether there has ever been insurance claim(s) related to the property, and if so, to include all known claims, losses, work history, and payment history.


    9. Within question 12 of Section 3: Structure(s), the reference to the flood damage exclusion was changed to refer to Section 6 as opposed to Section 3. 


    10. Within question 18 of Section 4: Plumbing, Water, Gas, and Sewage, language was added to prompt the Seller to identify the number of water heaters that exist on the property, and if known, the year and type of each water heater.


    11. Within question 19 of Section 4: Plumbing, Water, Gas, and Sewage, a box was added that can be checked to indicate that additional information is attached to the form.


    12. Question 22 of Section 5: Electrical, Heating and Cooling, Appliances, was revised to ask whether the Seller is aware of any defects with the fireplace(s), as opposed to asking whether a fireplace exists. The option to check “NK” was also struck since the seller is only completing form based on seller’s knowledge and is asked only about seller’s awareness of defects.


    13. Within question 24 of Section 5: Electrical, Heating and Cooling, Appliances, a footnote was added to the “CO detector” line item to provide a reference to La. R.S. 40:1581, regarding smoke detector and carbon monoxide detector requirements. Subsections a) and b) were also revised to include whether the items mentioned in the section are being financed. Subsection b) was also revised to ask for the contact information of the applicable service provider. The financing question was added primarily to address solar panels and/or generators that may be subject to a purchase money security interest or other financing (including a lien), rather than a lease.  Finally, a box was added that can be checked to indicate that additional information is attached to the form.


    14. Within question 37 of Section 6: Flood, Flood Assistance, and Flood Insurance, a box was added that can be checked to indicate that additional information is attached to the form.


    15. Question 40 within Section 7: Miscellaneous, was revised to change “See attached disclosure” to “See attached historic disclosure.”


    16. Within question 52 of Section 7: Miscellaneous, a box was added that can be checked to indicate that additional information is attached to the form.

  • C. Property Disclosure Document Acknowledgements

    1. Opening paragraph was revised for minor grammatical edits related to citation to Louisiana legal sources.


    2. Beginning of document was revised to state that Seller shall notify all parties, in writing, immediately if any information set forth in the Property Disclosure Document becomes inaccurate, incorrect, or otherwise materially changes.

2026 Legislative Session Scoop - Week 6 Recap

By Louisiana REALTORS® • April 17, 2026
Louisiana REALTORS® spent week six of the Legislative Session actively engaged on several bills at the Capitol impacting core industry priorities, including private property rights, affordability, redevelopment and transaction-related regulations. Most of the meaningful activity remained in the House, where lawmakers continued advancing measures with direct implications for the real estate market. HB 284 by Rep. John Wyble , which would authorize certain local governments to expropriate blighted property by declaration-of-taking, failed on final passage in the House Tuesday by a 48-47 vote, and remains subject to reconsideration. Meanwhile, HB 472 by Rep. Alonzo Knox , which would authorize rent stabilization at the local level, was voluntarily deferred in committee following testimony from Louisiana REALTORS® and our partners at the Louisiana Apartment Association effectively ending its path this session. This marks a significant win, as rent control policies do not address housing supply challenges and instead risk further market distortion. In House Commerce, several key bills moved forward. HB 1027 by Rep. Troy Hebert , which clarifies that appraisers are not liable for a seller’s failure to meet smoke and carbon monoxide detector requirements, passed committee unanimously and is now slated for a House floor vote. This common-sense measure protects appraisers and helps preserve efficiency in the transaction process. HB 673 by Rep. Tammy Phelps , which would have imposed new security camera mandates on certain blighted properties, was also voluntarily deferred following industry opposition. Additionally, HB 426 by Rep. Phelps , which addresses criminal blighting and expands enforcement liability, remains under consideration. Louisiana REALTORS® is monitoring this bill closely to ensure efforts to address blight do not unintentionally discourage investment or redevelopment. We continue to track broader market integrity and redevelopment efforts. HB 468 by Rep. Hebert , addressing residential wholesaling, has now moved to the Senate after unanimous House passage. HB 217 by Rep. Chance Henry , which provides tax incentives for the rehabilitation of blighted property, also remains active in the Senate and represents a constructive approach to redevelopment. Looking ahead, the House Commerce Committee will consider HB 1166 by Rep. Kim Carver next week, which addresses disclosure requirements for vacant residential property. Louisiana REALTORS® supports clear, consistent consumer disclosures and have been working closely with the author and the Louisiana Real Estate Commission to ensure the bill is structured to promote transparency while maintaining practical standards and avoiding unintended liability for real estate professionals. Overall, the House carried the bulk of real estate activity this week, while the Senate saw limited movement on major REALTOR® priorities. As the session continues, Louisiana REALTORS® remains focused on protecting private property rights, opposing harmful market interventions, supporting responsible redevelopment and advancing policies that strengthen real estate transactions for both consumers and our members. Please view the weekly bill tracking report provided by our lobbying team over at Harris, DeVille and Associates.

2026 Legislative Session Scoop - Week 5 Recap

By Louisiana REALTORS® • April 10, 2026
This week at the Capitol, Louisiana REALTORS® saw meaningful movement on several issues that directly impact the real estate industry. Most notably, HB 468 by Representative Troy Hebert, a key part of our legislative agenda, passed the House unanimously, 96–0, and now heads to the Senate. The bill creates a clear framework for regulating residential real estate wholesaling, strengthens disclosure requirements and gives the Louisiana Real Estate Commission enforcement authority, including penalties for violations. That vote margin speaks for itself and reflects strong bipartisan support for greater transparency and accountability in this market segment. We are also closely engaged on legislation tied to blight, redevelopment and property rights. HB 217 by Representative Chance Henry, which authorizes an optional property tax exemption for blighted or derelict properties that have been rehabilitated, and ties that exemption to local redevelopment plans, passed the House floor by an 84–12 vote. It is now moving through the Senate process. Louisiana REALTORS® supports HB 217 because it creates another tool to encourage redevelopment, return distressed property to productive use and strengthen communities when implemented responsibly. Louisiana REALTORS® also support Representative John Wyble’s HB 284 , which would authorize certain parishes and municipalities to address blighted property through a declaration-of-taking process in limited jurisdictions. HB 284 is currently subject to a call on House final passage. While any proposal involving expropriation deserves careful attention, we support the goal of giving communities practical tools to deal with truly blighted and abandoned property that drags down surrounding neighborhoods, depresses property values and slows local recovery. Insurance remains one of the biggest issues of the session and continues to affect housing affordability and market stability across Louisiana. Lawmakers are working on proposals to reduce premiums, increase competition and improve the overall insurance climate. The Fortified Roof Program continues to generate significant discussion and, candidly, a fair amount of noise, but Louisiana REALTORS® and our coalition partners are actively monitoring all avenues to ensure the final result is practical and beneficial for homeowners, and the broader real estate market. These conversations remain closely tied to tort reform, which continues to be a major part of the effort to address insurance costs and availability. We are also monitoring HB 673 by Representative Phelps , which would authorize the state fire marshal to require owners or lessees of abandoned or blighted structures to install and maintain exterior security cameras and retain footage for at least 30 days. Louisiana REALTORS® opposes this bill because it creates a costly new mandate on property owners without addressing the root causes of blight, and it could create additional liability and compliance burdens for property owners, property managers and others involved in distressed property. At this time, the bill remains pending in the House Commerce Committee and is slated to be heard next week. We also remain actively engaged on several other priorities within our legislative agenda including ongoing work on vacant property disclosure and efforts to provide greater clarity on appraiser liability related to carbon monoxide detector requirements. In particular, we are working closely with the Louisiana Real Estate Commission and Representative Carver to position HB 1166 in the strongest and most workable posture possible, with a clear focus on protecting Louisiana real estate agents and their clients from unnecessary liability, reducing confusion in the transaction process, and ensuring that any new disclosure requirements are practical, fair and clearly defined. Our goal is to ensure the final product supports consumer transparency without imposing undue burdens on our members and not exposing agents across Louisiana to unintended risk. As the session continues, Louisiana REALTORS® will remain focused on protecting consumers, supporting responsible redevelopment, defending private property rights and advancing sound policy that strengthens the real estate market for our members and the clients they serve. Please view the weekly bill tracking report provided by our lobbying team over at Harris, DeVille and Associates.

2026 Legislative Session Scoop - Week 4 Recap

By Louisiana REALTORS® • April 3, 2026
This week, the Legislature remained in high gear, and several items relevant to Louisiana’s real estate market moved into focus. The biggest headline for our industry this week was HB 468 by Rep. Troy Hebert , our wholesaling/consumer-protection bill, was slated to be heard on the House floor, however was bumped due to floor congestion and out-of-order bills. It is now expected to be reset for next Tuesday. This bill remains one of the clearest “market integrity” efforts on the board with clearer rules for non-traditional transactions, stronger transparency and better consumer protections. We also continued substantive policy work behind the scenes. We are actively engaging with Rep. Carver on a vacant land disclosure bill he has authored, and we appreciate that he is welcoming our input and guidance as the language is refined. Our goal is straightforward: ensure any vacant land disclosure framework is practical, reduces confusion and avoids unintentionally shifting liability or enforcement burdens onto real estate professionals. In addition, we were pleased to deepen our relationships at the Capitol this week. We had the privilege of hosting a lunch for the Governor’s Office, enjoyed meeting Governor Landry’s team, and look forward to working with them in a constructive, solutions-oriented manner as the session continues. Finally, Rep. Hebert also filed an additional measure that aligns with our legislative agenda and speaks directly to transaction risk management: HB 1027 , which would limit liability for licensed real estate appraisers in situations involving smoke and carbon monoxide detector compliance. The current law already provides that real estate agents are not liable for a seller’s failure to comply with Louisiana’s detector requirements in one- or two-family dwellings. HB 1027 would extend that same liability protection to licensed appraisers by amending R.S. 40:1581(F). This is a clean, common-sense clarification that helps prevent appraisers from being pulled into compliance disputes that properly belong with the seller’s statutory obligations. Next week, committees are scheduled to hear multiple bills relevant to real estate, including measures involving construction and roofing standards (often tied to insurance and mitigation), property rights/expropriation, and property tax and adjudicated property issues that can influence housing supply and neighborhood reinvestment. We will stay closely engaged and will flag any bills or amendments that materially affect transactions, homeownership costs or private property rights. Please view the weekly bill tracking report provided by our lobbying team over at Harris, DeVille and Associates.
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