Louisiana Warranty Deed

Introduction

Key Things to Know

1. 1

   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.

2. 2

   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).

3. 3

   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).

4. 4

   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.

5. 5

   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).

6. 6

   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.

7. 7

   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).

Louisiana Requirements for Warranty Deed

• Title Guarantee and Warranty Against Eviction

  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).

• Act of Sale, Not a Warranty Deed

  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.

• Without-Warranty Transfer and After-Acquired Title

  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 in the Parish Conveyance Records

  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.

• Authentic Act: Notary and Two Witnesses

  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.

• No Statewide Transfer Tax

  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.

• Legal Description and Parties

  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.

• Both Spouses Concur for Community Property

  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.