Louisiana law requires home wholesalers to explain their plans to sellers and gives sellers at least five days to cancel covered agreements without penalty.
Before each related agreement, wholesalers must tell sellers in writing if they plan to sell or market their purchase rights for gain. The agreement must explain how to cancel and include a free state cancellation form.
Wholesalers may not claim to represent sellers, falsely claim a professional license, place liens on the property, or use deceptive practices. Each agreement must include a deposit of at least one percent of the purchase price, held in escrow.
A seller may cancel before title transfers if required disclosures are missing or another rule is violated. Sellers who cancel under the law are entitled to the deposit, and wholesalers may face enforcement and penalties of up to $5,000 per violation.
Wholesalers must give sellers written disclosures before each related contract or agreement. These rules cover wholesaling agreements for homes with one to four residential units. The disclosure must say the wholesaler plans to sell or market their purchase rights for financial gain and advise the seller to seek legal advice. The agreement must show the cancellation deadline near the seller's signature and include the state's cancellation form at no cost. Sellers may cancel for any reason without penalty for at least five calendar days after the later of the seller's or wholesaler's signing date.
Wholesalers must follow conduct rules and include a deposit in each covered agreement. These rules apply to wholesalers and agreements involving homes with one to four residential units. Wholesalers may not claim to advise or represent the seller, falsely claim a license, place a lien on the property, or use deceptive or unfair practices. The deposit must be at least one percent of the purchase price and held in escrow under the law's rules.
Sellers may cancel agreements in specified cases, and violations may lead to enforcement and penalties. These remedies apply to wholesaling agreements for residential real property. Missing required disclosures or another violation makes the agreement voidable at the seller's choice before title transfers. A seller who cancels under the law is entitled to the deposit; a wholesaler who violates the law may face enforcement and a civil penalty of up to $5,000 per violation. The law does not apply to wholesaling agreements completed before its effective date.
No hearings or votes scheduled.