Title 9, Civil Code-Ancillaries
0 chapters · 2,355 sections in this title.
La. Rev. Stat. § 9:3168 Execution sale, persons authorized to make
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§3168. Execution sale, persons authorized to make The sale on seizure is made at public auction by the sheriff or other officer charged with the execution of the judgment. Redesignated by Acts 1993, No. 841, §2, eff. Jan. 1, 1995.
La. Rev. Stat. § 9:3169 Rescission for fraud or nullity; redhibition not permitted
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§3169. Rescission for fraud or nullity; redhibition not permitted Whatever may be the vices of the thing sold on execution, they do not give rise to the redhibitory action; but the sale may be set aside in the case of fraud, and declared null in cases of nullity. Redesignated by …
La. Rev. Stat. § 9:3170 Rights acquired at execution sale
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§3170. Rights acquired at execution sale This sale on execution transfers the property of the thing to the purchaser as completely as if the owner had sold it himself; but it transfers only the rights of the debtor such as they are. Redesignated by Acts 1993, No. 841, §2, eff. Ja…
La. Rev. Stat. § 9:3171 Rights of buyer in case of eviction
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§3171. Rights of buyer in case of eviction The purchaser evicted from property purchased under execution shall have his recourse for reimbursement against the debtor and creditor, as provided in Article 2379 of the Code of Civil Procedure. Amended by Acts 1960, No. 30, §1, eff. J…
La. Rev. Stat. § 9:3172 Authority to order succession sale; persons authorized to sell
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§3172. Authority to order succession sale; persons authorized to sell The judicial sale of succession property is ordered by the judge of the court to which this jurisdiction is specially confided. Representatives of successions shall have the right to cause sales of the property…
La. Rev. Stat. § 9:3173 Transfer of title
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§3173. Transfer of title The adjudication made and recorded by the sheriff, auctioneer or representative of the succession, is a complete title to the purchaser, and needs not be followed by an act passed before a notary. Redesignated by Acts 1993, No. 841, §2, eff. Jan. 1, 1995.…
La. Rev. Stat. § 9:3174 Warranties
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§3174. Warranties All the warranties to which private sales are subject exist against the heir in judicial sales of the property of successions. Redesignated by Acts 1993, No. 841, §2, eff. Jan. 1, 1995.
La. Rev. Stat. § 9:3175 Purchase of property by heirs of succession
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§3175. Purchase of property by heirs of succession Heirs may purchase the property of the succession to the amount of their proportion, and are not obliged to pay the purchase money, until a liquidation is had, by which it is ascertained what balance there is in their favor or ag…
La. Rev. Stat. § 9:3176 Repealed by Acts 2012, No
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§3176. Repealed by Acts 2012, No. 702, §2.
La. Rev. Stat. § 9:3177 Repealed by Acts 2012, No
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§3177. Repealed by Acts 2012, No. 702, §2.
La. Rev. Stat. § 9:3178 Repealed by Acts 2012, No
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§3178. Repealed by Acts 2012, No. 702, §2.
La. Rev. Stat. § 9:3179 Repealed by Acts 2012, No
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§3179. Repealed by Acts 2012, No. 702, §2.
La. Rev. Stat. § 9:3180 Repealed by Acts 2012, No
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§3180. Repealed by Acts 2012, No. 702, §2.
La. Rev. Stat. § 9:3181 Repealed by Acts 2012, No
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§3181. Repealed by Acts 2012, No. 702, §2.
La. Rev. Stat. § 9:3182 Repealed by Acts 2012, No
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§3182. Repealed by Acts 2012, No. 702, §2.
La. Rev. Stat. § 9:3183 Repealed by Acts 2012, No
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§3183. Repealed by Acts 2012, No. 702, §2.
La. Rev. Stat. § 9:3184 Repealed by Acts 2012, No
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§3184. Repealed by Acts 2012, No. 702, §2.
La. Rev. Stat. § 9:3185 Repealed by Acts 2012, No
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§3185. Repealed by Acts 2012, No. 702, §2.
La. Rev. Stat. § 9:3186 Repealed by Acts 2012, No
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§3186. Repealed by Acts 2012, No. 702, §2.
La. Rev. Stat. § 9:3187 Repealed by Acts 2012, No
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§3187. Repealed by Acts 2012, No. 702, §2.
La. Rev. Stat. § 9:3188 Repealed by Acts 2012, No
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§3188. Repealed by Acts 2012, No. 702, §2.
La. Rev. Stat. § 9:3189 Repealed by Acts 2012, No
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§3189. Repealed by Acts 2012, No. 702, §2.
La. Rev. Stat. § 9:3190 Repealed by Acts 2012, No
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§3190. Repealed by Acts 2012, No. 702, §2.
La. Rev. Stat. § 9:3191 Repealed by Acts 2012, No
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§3191. Repealed by Acts 2012, No. 702, §2.
La. Rev. Stat. § 9:3191.1 Thirty-year prescription; return of expropriated residential property
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§3191.1. Thirty-year prescription; return of expropriated residential property A. If residential property expropriated by the state or a political subdivision of the state remains in the possession of and is maintained by the original owner or his heir for a period of more than t…
La. Rev. Stat. § 9:3192 Rule governing conflict between sale and commercial laws
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§3192. Rule governing conflict between sale and commercial laws In case of conflict between the provisions of Title VII of Book III of the Civil Code, governing sales and any provisions of any special legislation, such as those contained in Titles 9 and 10 of the Louisiana Revise…
La. Rev. Stat. § 9:3196 Definitions
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§3196. Definitions As used in this Chapter, the following terms have the following meanings: (1) "Known defect" means a condition found within the property that was actually known by the seller and that results in any of the following: (a) Has a substantial adverse effect on the …
La. Rev. Stat. § 9:3197 Applicability; exemptions
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§3197. Applicability; exemptions A. The provisions of this Chapter apply to the transfer of any interest in residential real property or vacant residential property, whether by sale, exchange, bond for deed, lease with option to purchase, or any other option to purchase, includin…
La. Rev. Stat. § 9:3198 Duties of the seller; delivery of property disclosure document; termination of real
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§3198. Duties of the seller; delivery of property disclosure document; termination of real estate contract; information contained in document and inaccuracies; required disclosure of information relative to homeowners' associations and restrictive covenants; liability of seller A…
La. Rev. Stat. § 9:3198.1 Duties of governmental entities; contaminated property
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§3198.1. Duties of governmental entities; contaminated property A. Whenever a state or local law enforcement agency becomes aware that residential real property or vacant residential property has been contaminated by its use as a clandestine methamphetamine drug lab, the agency s…
La. Rev. Stat. § 9:3199 Duty of real estate licensees; liability
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§3199. Duty of real estate licensees; liability A. A real estate licensee representing a seller of residential real property or vacant residential property shall inform the seller of the duties and rights established in this Chapter. A real estate licensee representing a buyer of…
La. Rev. Stat. § 9:3200 Other statutory disclosure obligations
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§3200. Other statutory disclosure obligations This Chapter shall not limit or modify any obligation between buyers and sellers created by any other statute or that may exist in law. Acts 2003, No. 308, §1, eff. June 13, 2003.
La. Rev. Stat. § 9:3201 Abandonment or failure to cultivate land
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§3201. Abandonment or failure to cultivate land Any lessee for cultivation of land, who takes possession of the property leased and fails to cultivate the land or abandons it after the contract has been entered into, is liable to the lessor for damages in an amount equal to the m…
La. Rev. Stat. § 9:3202 Assisting and enticing lessee to violate lease
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§3202. Assisting and enticing lessee to violate lease Any person who assists and entices a lessee in violating a contract of lease under R.S. 9:3201 and thereby causes damage to the lessor is liable in solido with the lessee to the lessor.
La. Rev. Stat. § 9:3203 Refusal to permit lessee to occupy or cultivate property
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§3203. Refusal to permit lessee to occupy or cultivate property Any lessor of property to be cultivated who fails to permit the lessee to occupy or cultivate the property leased, is liable to the lessee in an amount equal to the market value of the average crop that could have be…
La. Rev. Stat. § 9:3204 Lessor's part of crop considered his property; disposition; penalty
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§3204. Lessor's part of crop considered his property; disposition; penalty In a lease of land for part of the crop, that part which the lessor is to receive is considered at all times the property of the lessor. The lessee or any person acting with his consent who sells or dispos…
La. Rev. Stat. § 9:321 Retroactivity of judgment concerning spousal support
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§321. Retroactivity of judgment concerning spousal support A. Except for good cause shown, a judgment awarding, modifying, or revoking an interim spousal support allowance shall be retroactive to the date of judicial demand. B.(1) A judgment that initially awards or denies final …
La. Rev. Stat. § 9:322 Judgment or order for support not to be recorded
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§322. Judgment or order for support not to be recorded It is unlawful for any recorder of mortgages in the state of Louisiana to record a judgment or order for spousal or child support by any court, and if such a judgment or order is recorded, it shall not have the effect of a ju…
La. Rev. Stat. § 9:3221 Assumption of responsibility by lessee; liability of owner
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§3221. Assumption of responsibility by lessee; liability of owner Notwithstanding the provisions of Louisiana Civil Code Article 2699, the owner of premises leased under a contract whereby the lessee assumes responsibility for their condition is not liable for injury caused by an…
La. Rev. Stat. § 9:323 Recordation of judgment or order for amount due
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§323. Recordation of judgment or order for amount due A recorder of mortgages shall record, at the request of any person in interest, a judgment or order for spousal or child support for the amount that the court has decreed to be due and executory, which judgment or order shall …
La. Rev. Stat. § 9:324 Cancellation of record following payment
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§324. Cancellation of record following payment A recorder of mortgages shall forthwith cancel and erase from his records any judgment or order recorded in his office as provided in R.S. 9:323 upon the order of the person in whose favor said judgment or order was rendered or upon …
La. Rev. Stat. § 9:3241 Limitation on lessor's privilege upon failure or death of lessee
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§3241. Limitation on lessor's privilege upon failure or death of lessee The lessor's privilege and right of pledge under any lease, on any building used wholly or in part for mercantile purposes, entered into after August 31st, 1926, shall not extend, in the case of the failure o…
La. Rev. Stat. § 9:325 Collection of past due spousal support
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§325. Collection of past due spousal support A. In addition to any other legal remedies provided by law, any party may seek the collection of past due spousal support from federal tax refunds by sending notice to the federal secretary of the treasury that a person owes past due s…
La. Rev. Stat. § 9:3251 Lessee's deposit to secure lease; retention by lessor; conveyance of leased
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§3251. Lessee's deposit to secure lease; retention by lessor; conveyance of leased premises; itemized statement by lessor A. Any advance or deposit of money furnished by a tenant or lessee to a landlord or lessor to secure the performance of any part of a written or oral lease or…
La. Rev. Stat. § 9:3252 Failure of lessor to comply; recovery of amounts by lessee; venue
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§3252. Failure of lessor to comply; recovery of amounts by lessee; venue A. The willful failure to comply with R.S. 9:3251 shall give the tenant or lessee the right to recover any portion of the security deposit wrongfully retained and three hundred dollars or twice the amount of…
La. Rev. Stat. § 9:3253 Costs and attorney's fees
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§3253. Costs and attorney's fees In an action brought under R.S. 9:3252, the court may in its discretion award costs and attorney's fees to the prevailing party. Added by Acts 1972, No. 696, §1.
La. Rev. Stat. § 9:3254 Waiver of tenant's rights prohibited
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§3254. Waiver of tenant's rights prohibited Any waiver of the right of a tenant under this part shall be null and void. Added by Acts 1972, No. 696, §1.
La. Rev. Stat. § 9:3258 Lessor's right to own, control, use, enjoy, protect and dispose of property and things
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§3258. Lessor's right to own, control, use, enjoy, protect and dispose of property and things Every lessor, in accordance with the provisions of Article I, Section 4 of the Louisiana Constitution of 1974, shall have the right to the ownership, control, use, enjoyment, protection …
La. Rev. Stat. § 9:3258.1 Residential lease application requirements
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§3258.1. Residential lease application requirements A. A lessor shall not require payment of an application fee unless, prior to accepting the payment, the lessor gives written notice of all of the following: (1) The amount of the application fee. (2) Whether the lessor considers…
La. Rev. Stat. § 9:3259 Unpaid rent; attorney fees
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§3259. Unpaid rent; attorney fees A. Whenever any lessee of any apartment building, house, motel, hotel, or other such dwelling fails to pay rent that has become due and delinquent, within twenty days after delivery of written demand therefor made in accordance with the provision…