Home Buying in 70115>Question Details

Philip, Home Buyer in New Orleans, LA

Can anyone explain a waiver of redhibition as it pertains to buying a home in Louisiana?

Asked by Philip, New Orleans, LA Tue Mar 31, 2009

Is this standard clause in real estate contracts? What is the alternative if this is left out of a contract. Thanks for your help.

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Basically...buyer is purchasing a home as is. I would reccommend always getting a home warranty...something happening to your appliances is generally your biggest risk of something going wrong with a house when everything appears to look good from the outside.
Web Reference: http://iansellsnola.com
1 vote Thank Flag Link Wed Apr 1, 2009
The waiver of redhibition is a clause inserted in the sale documents and does not become effective until the act of sale. It basically states that the buyer has had the opportunity to inspect the property to their satisfaction and agrees to purchase it in its "as is" condition and release the seller from liability for future defects. This does NOT mean that the seller can hide or neglect to disclose any known defects (this would be fraud).
1 vote Thank Flag Link Tue Mar 31, 2009
The standard Louisiana purchase agreement includes the option to sell "with warranty," "As is with waiver of redhibition," or "with builder's warranty (for new construction). Most properties are sold "as is."

In a nutshell, redhibition is the right to rescind a sale after the fact due to a hidden defect which would have caused the buyer to either offer a lower price or not make an offer at all. Anything that is included in the property condition disclosure form completed by the seller, is exempt from redhibition as are defects that are readily apparent with a visual inspection. This is why the buyer must inital each page of the disclosure form in conjunction with an offer and thoroughly inspect the property.

If the waiver of redhibition is not used, the seller can be held liable for such defects up to 4 years after the sale even if he was not aware of them at the time of the sale. If a seller fails to disclose a hidden defect that is known to him he can be sued later whether or not redhibition was waived.

I hope this helps. If you need more information please don't hesitate to contact me at (985)727-7000 or kracine@kw.com
1 vote Thank Flag Link Tue Mar 31, 2009
Redhibition is the avoidance of a sale on account of some vice or defect in the thing sold, which renders it either absolutely useless or its use so in- convenient and imperfect that it must be supposed that the buyer would not have purchased It had he known of the vice. Civ, Code La. art 2520.

This is a warranty imposed by law in Louisiana. It can be waived, but must expressly be waived by informed consent of the party waiving it, a waiver form is not enough. You must intelligently waive your right to redhibition after informed consent, meaning you voluntarily and intelligently waived it.

When you waive it the above right is waived but other warranty of merchantibility may still apply or warranty agreed to in contract may apply unless all others waived too.

I have not bought a house in Louisiana, therefore am not sure if this is common in all real estate contracts. If left out you are not protected by implied warranty by law. However, your property may still be protected by a warranty agreed to in the real estate contract other than one implied by law. Read carefully or hire attorney to check agreement.
0 votes Thank Flag Link Wed Apr 30, 2014
Redhibition is a protection against defects that the seller can not see such as structural damage that is hidden but is found after the sale. When this is waive the buyer is purchasing the home as-is. Get a very good home inspection. House Call is a good company and many of my clients have used them with good results. BTW the alternative is that the seller may be liable if something happened and they may not be willing to do that.
0 votes Thank Flag Link Wed May 1, 2013
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