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Legal Guide7 min read

New Orleans Home Seller Disclosure Requirements (2026)

Published October 2, 2025

New Orleans Home Seller Disclosure Requirements (2026)

New Orleans sellers face Louisiana's civil law framework, mandatory flood history disclosure, and the ongoing impact of Hurricane Katrina on property condition and insurance. Here's what the law requires and what's most likely to affect your transaction.

Louisiana Property Disclosure Act

Louisiana Revised Statutes 9:3196-3200 require sellers to complete the Louisiana Residential Property Disclosure Form and deliver it to buyers before offering the property or within 10 days of contract. Buyers have 3 days after receipt to rescind.

Louisiana's form asks sellers to categorize conditions as "Yes," "No," "Unknown," or "Does Not Apply." As in most states, "Unknown" is permissible but increases buyer wariness.

Flood Disclosure — The Most Important Disclosure in New Orleans

New Orleans is the most flood-exposed major American city. Disclosure of flood history is mandatory and critically important:

Required flood disclosures:

  • Hurricane Katrina flooding depth and date (required by Louisiana statute for post-Katrina properties)
  • Any other flooding during your ownership — tropical storms, heavy rainfall, sewer backup
  • Current FEMA flood zone designation (A, AE, VE, X, etc.)
  • Whether flood insurance is required by your mortgage lender
  • Whether the property has received a Letter of Map Amendment (LOMA) or Letter of Map Revision (LOMR) affecting its flood zone status
  • Elevation Certificate: If your property is in a Special Flood Hazard Area (Zone AE, A, or VE), an Elevation Certificate from a licensed land surveyor documents your structure's elevation relative to the Base Flood Elevation. This certificate directly affects flood insurance premiums. If you have one, provide it. Buyers will need it to shop flood insurance.

    Hurricane Katrina Specific Disclosure

    Louisiana law specifically requires sellers to disclose Katrina flood history for affected properties. The disclosure must include:

  • Whether the property flooded during Katrina (August 2005)
  • The approximate depth of flooding
  • Whether Road Home Program grants were received (Road Home grants were provided to help homeowners rebuild — buyers have a right to know the property's Katrina history and whether it was rebuilt with grant funds)
  • If your property flooded during Katrina and was rebuilt or repaired:

  • Provide documentation of repairs (scope of work, permits)
  • Disclose whether work was permitted and passed inspections
  • Disclose any federal assistance received
  • Foundation and Subsidence

    New Orleans sits on the Mississippi River Delta — soft, saturated clays and silts that compact and subside over decades. Foundation settling, cracked bricks and plaster, sticking doors, and uneven floors are common in older New Orleans housing stock.

    The Louisiana disclosure form asks about:

  • Foundation problems, cracks, or settling
  • Previous foundation repairs
  • Structural repairs of any kind
  • Disclose foundation issues accurately. Buyers will have inspectors who are familiar with New Orleans's subsidence issues and will identify foundation movement. Proactive disclosure prevents post-inspection renegotiation surprises.

    Post-Storm Roof and Wind Damage

    New Orleans has experienced multiple significant tropical systems since Katrina (Gustav 2008, Ida 2021 caused significant roofing damage throughout the metro). Disclose any wind or water damage from tropical systems, including:

  • Roof damage and replacement history
  • Water intrusion from roof damage
  • Insurance claims filed (CLUE reports will show these)
  • Louisiana Notary and Closing Process

    Louisiana uses notaries (who must be attorneys for most real estate transactions) to handle the Act of Sale. As a FSBO seller:

  • Engage a Louisiana-licensed real estate attorney/notary for the closing
  • The notary prepares the Act of Sale (Louisiana's equivalent of a deed)
  • The notary also handles title examination and the closing process
  • Louisiana closing costs are generally lower than attorney-state closings in the East because the notary fee is standardized
  • Termite Disclosure and WDI Inspection

    New Orleans's subtropical climate makes it one of the highest-risk termite areas in the country — particularly for Formosan subterranean termites, which are among the most destructive. Louisiana requires disclosure of known termite damage. Most buyers' lenders will require a WDI (Wood Destroying Insect) inspection. Have any treatment records and damage history available.

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