How to purchase a home in the State of Louisiana
- Author Andrew Dubinsky
- Published March 4, 2008
- Word count 655
When a purchaser decides to purchase a home in Louisiana, a good realtor with a large database of available homes to fit the purchaser’s budget should be located. The Purchaser has a choice of homes if the realtor is a member of the National association of Realtors or the Northwest Louisiana Association of Realtors or the Southwest Louisiana Association of Realtors. This is because the realtor will have access to the MLS or Multi Listing Service, which is an inter realtor service that has a data base of every type of home in different residential areas of Louisiana. The purchaser has a greater choice of the type of house and the location.
Once the property is located the purchaser makes an offer in the form of a purchase and sale agreement stating the price offered, the down payment, the financing plans, the legal description of the house, good and marketable title, inspections required under law, the time frame in which each stage of the transaction is to be completed the liens and who bears the costs if the house is damaged before the settlement. The offer is sent with a check to be kept by the realtor in escrow and to be paid to the seller. The seller, on receipt of the offer is required under the Laws of the State of Louisiana to make a complete disclosure of the present and potential defects of the property both structural and environmental if the property is residential. The seller’s disclosure form has 22 disclosures to be made by the seller. If the seller does not know of any defect it should be stated in the form. The disclosure is not a warranty by the seller and the purchaser must carry out inspections. Once these tasks are completed the seller and the purchaser will sign the agreement and make it a binding contract.
The purchaser will now make inspection and title search arrangements. The purchaser should engage a certified inspector to assess structural defects, pest control, plumbing, , heating, ventilation and insulation.
The purchaser should hire an attorney, a real estate title company or a trust and title company to scrutinize the title of the property and to check public and court records for possible encumbrances of the title of the property. The American Land Title association has a list of title search professionals the for the purchaser’s reference. Encumbrances that affect the title of property in the State of Louisiana are, implied easements of necessity which is recognized by law. Other encumbrances are liens on the property arising out of non payment of amounts due under judgments, unpaid taxes assessments unpaid mechanics. Any encumbrance that can be remedied is communicated to the seller. The purchaser should buy a title insurance to avoid the litigation costs in defending possible title claims. that were not discovered by the title search.
The purchaser can then raise the loan from the lender company and make the down payment. When the lender company is satisfied that all the paperwork is complete, the purchase is ready for closure. Under the Authentication Act in the state of Louisiana the closing should take place in a Notary Public’s office. The website of the American association of Notaries has a notary locator directory to help the purchaser find a notary in Louisiana. The Notary Public is usually an attorney who has experience in examining titles. The purchaser is required to show proof of a one year home owners insurance premium payment and a proof of identity at the closure when the deed is signed by both parties. The deed should be signed and authentication by the Notary public and two witnesses otherwise the document is deemed invalid in the State of Louisiana. When the Notary Public records the sale, the seller passes possession and title to the purchaser and the purchaser finishes the process of purchasing a home in the State of Louisiana.
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