Louisiana Warranty Deed
Louisiana warranty deed: an act of sale with warranty against eviction implied by law, recorded by the parish Clerk of Court. Attorney review available.
Introduction
Louisiana is a civil-law state that transfers land by an act of sale, not a common-law warranty deed, yet every sale carries a built-in title guarantee: the warranty against eviction of Civil Code article 2500, covering a third person's claim that existed at the sale. That title guarantee is what separates it from a quitclaim deed, which promises nothing and only passes whatever interest the seller happens to have. A general warranty deed protects against every title defect, including ones that arose before the seller owned the property, while a special or limited warranty deed covers only problems created during the seller's own ownership. Louisiana is important to understand here, because Louisiana is a civil-law state and does not codify a common-law warranty deed, a grant deed, or any warrant-and-defend deed words. The everyday Louisiana instrument is the act of sale, and title protection comes from the warranty against eviction that Louisiana Civil Code article 2500 implies in every sale: the seller warrants the buyer against losing the property because of a third person's right that existed at the time of the sale, and against undeclared encumbrances. That warranty is implied in every sale and the parties may agree to increase or limit it (article 2503); to convey with no warranty at all they use a transfer without warranty (article 2502), which is Louisiana's quitclaim equivalent. You record the signed act in the conveyance records of the parish where the property sits, through the Clerk of Court (article 3346). DocDraft builds your Louisiana act of sale from your facts, with attorney review available before you record.
Key Things to Know
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A warranty deed guarantees clear title and defends the buyer against later claims. Louisiana reaches the same protection through civil law, the warranty against eviction implied in every act of sale (Civil Code article 2500), the opposite of a transfer without warranty, which guarantees nothing.
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Louisiana is a civil-law state and does not codify a common-law warranty deed, a grant deed, or any warrant-and-defend deed words. Immovable property is transferred by an act of sale, and the warranty against eviction is implied in every sale by law (Louisiana Civil Code articles 2500 and 2503).
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Under that implied warranty the seller warrants the buyer against loss of the property from a third person's right that existed at the time of the sale, and against undeclared encumbrances (article 2500). The parties may agree to increase or limit the warranty (article 2503); to convey with no warranty at all they use a transfer without warranty (article 2502).
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A transfer without warranty (article 2502) is Louisiana's version of a quitclaim: it passes only whatever rights the seller has, owes no price back on eviction, and, unlike a common-law grant deed, does not pass after-acquired title to the buyer.
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You record the signed original in the conveyance records of the parish where the property is located, through the Clerk of Court, who is the ex officio parish recorder (Louisiana Civil Code article 3346). Recording is what makes the sale effective against third persons, so record promptly (article 3338).
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The standard execution form is the authentic act, signed before a notary and two witnesses (Louisiana Civil Code article 1833). An act under private signature also works, but the recorder will refuse any instrument that does not bear an original signature (article 3344), so plan on a notary and two witnesses.
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Louisiana levies no statewide transfer tax on deeds; the constitution bars new transfer taxes (article VII, Section 2.3), and only a grandfathered New Orleans documentary transaction tax remains, from which quitclaims are exempt. If the property is community property, both spouses must concur to sell it (Civil Code article 2347).
Key decisions before you file
Before you file a Warranty Deed in Louisiana, a few decisions shape the document: which option to choose and what each one means. The Warranty Deed guide walks through them.
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Once your Warranty Deed is ready, you can check whether it needs to be notarized in Louisiana in about a minute, and notarize it online through DocDraft if it does.
Louisiana Requirements for Warranty Deed
A warranty deed guarantees clear title and defends the buyer against claims. Louisiana is a civil-law state that codifies no common-law warranty deed and no warrant-and-defend deed words. Title protection comes from the warranty against eviction implied in every sale: the seller warrants the buyer against losing the property because of a third person's right that existed at the time of the sale, and against undeclared encumbrances (Louisiana Civil Code article 2500), a warranty that is implied in every sale and may be increased or limited by the parties (article 2503).
Louisiana uses neither a warranty deed nor a grant deed. As a civil-law state it transfers immovable property by an act of sale (an act of cash sale or credit sale), and there is no statutory short-form deed. The seller conveys with full warranty by relying on the implied warranty against eviction of Civil Code articles 2500 and 2503, not on operative deed words. Most residential transfers are done by an act of cash sale executed as an authentic act.
To convey with no warranty at all, Louisiana law allows a transfer without warranty (Civil Code article 2502), the civil-law equivalent of a common-law quitclaim. It passes only whatever rights the seller has, owes no restitution of the price on eviction, and, unlike a common-law grant deed, does not pass after-acquired title to the buyer. Choose between a sale with full warranty, a limited warranty, and a transfer without warranty to match the protection intended.
Record the signed original in the conveyance records of the parish in which the immovable is located, through the Clerk of Court, who is the ex officio parish recorder of conveyances (Louisiana Civil Code article 3346; La. Const. art. V, Section 28(A)). In Orleans Parish, land records are filed with the Land Records Division of the Clerk of Civil District Court. Recording is what makes the sale effective against third persons (article 3338), so record promptly.
The standard execution form is the authentic act, a writing signed before a notary and two witnesses, with each party, each witness, and the notary signing (Louisiana Civil Code article 1833). An act under private signature also validly transfers an immovable (article 1839), but for recording the recorder must refuse any instrument that does not bear the original signature of a party (article 3344). Two witnesses are required for the authentic act, which is mandatory when the transfer is a gift.
Louisiana levies no statewide documentary transfer tax on deeds. The state constitution prohibits any new tax or fee on the sale or transfer of immovable property after November 30, 2011 (article VII, Section 2.3), so the state and its parishes generally cannot impose one. The only surviving levy is a grandfathered New Orleans (Orleans Parish) documentary transaction tax, a flat per-instrument fee, and quitclaims are exempt from it. Recording fees charged by the Clerk of Court still apply.
Identify the seller and buyer with their marital status and domicile, state the consideration, and include the full legal description of the immovable (not just the municipal address). A recorded instrument should carry the information listed in Civil Code article 3352, though the recorder cannot refuse to record for omitting it. Errors in the legal description or in how the buyer takes title are a common and costly source of later problems, so confirm both against the current title.
Louisiana is a community-property state. The concurrence of both spouses is required to alienate, encumber, or lease a community immovable (Louisiana Civil Code article 2347), so the non-titled spouse must also sign the act of sale. One spouse may convey their own separate property alone. Confirm how title is held before signing to avoid a defective transfer.
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Check my Warranty DeedFrequently Asked Questions
A warranty deed guarantees the seller holds clear title and will defend the buyer against claims, while a quitclaim deed makes no promises and passes only whatever interest the seller has. Louisiana is a civil-law state that uses neither common-law form. It transfers immovables by an act of sale, and the warranty against eviction is implied in every sale (Civil Code article 2500). The quitclaim equivalent is a transfer without warranty under article 2502, which passes only the seller's existing rights and no after-acquired title.
In Louisiana the guarantee comes from the implied warranty against eviction, not from deed words. Civil Code article 2500 makes the seller warrant the buyer against losing all or part of the property because of a third person's right that existed at the time of the sale, and against undeclared encumbrances. Article 2503 makes this warranty implied in every sale, and the parties may agree to increase or limit it. The seller always stays liable for an eviction caused by the seller's own act.
Louisiana uses an act of sale. As a civil-law state it codifies no common-law warranty deed and no grant deed, and there is no statutory short-form deed. Title protection is supplied by the warranty against eviction that Civil Code articles 2500 and 2503 imply in every sale, rather than by operative words like grant or warrant and defend. Most residential transfers here are done by an act of cash sale executed as an authentic act.
You record the signed original in the conveyance records of the parish where the property is located, through the Clerk of Court, who serves as the ex officio parish recorder (Civil Code article 3346). In Orleans Parish, land records are filed with the Land Records Division of the Clerk of Civil District Court. Recording is what makes the sale effective against third persons (article 3338), so record promptly after signing.
Louisiana does not require an attorney to prepare an act of sale, but the standard form must be executed before a notary, and a Louisiana notary is authorized to prepare it. Because an act of sale transfers title and a mistake in the legal description, the warranty clause, or the spousal concurrence can be costly to fix, many people have it reviewed before signing. DocDraft prepares your Louisiana act of sale from your facts, with attorney review available as an option before you record.
The standard form is the authentic act, signed before a notary and two witnesses (Civil Code article 1833); this is the usual way a Louisiana act of sale is executed and is mandatory when the transfer is a gift. An act under private signature is also valid, but the recorder will refuse any instrument that does not bear an original signature (article 3344). So plan on a notary and two witnesses for a Louisiana act of sale.
No statewide transfer tax applies. The Louisiana constitution prohibits any new tax or fee on the sale or transfer of immovable property after November 30, 2011 (article VII, Section 2.3), so the state and its parishes generally cannot levy one. The only surviving levy is a grandfathered New Orleans documentary transaction tax, a flat per-instrument fee, and quitclaims are exempt from it. You will still pay the Clerk of Court's recording fees.
For community property, yes. Louisiana is a community-property state, and Civil Code article 2347 requires the concurrence of both spouses to sell, encumber, or lease a community immovable, so the non-titled spouse signs the act of sale. If the property is one spouse's separate property, that spouse may convey it alone. Confirm how title is held before signing to avoid a defective transfer.