Buying a new home in Louisiana?

1.  You have three layered warranties — by law

Every builder of a new home in Louisiana automatically warrants the home under the New Home Warranty Act (La. R.S. 9:3141–3150). These warranties are mandatory for owner-occupied homes — they cannot be waived by you or reduced by the builder.

• 1 year — general workmanship and materials (cracks, finishes, doors, windows, paint, non-plumbing leaks)
• 2 years — plumbing, electrical, heating, cooling, and ventilation systems (not the appliances themselves)
• 5 years — major structural defects: damage to load-bearing parts (foundation, beams, girders, columns, walls, floors, roof framing) that makes the home unsafe, unsanitary, or unlivable

The clock for all three starts on the same day: the earlier of closing or first occupancy (the "warranty commencement date" — R.S. 9:3143(7)).

2.  Before you sign — due diligence that pays off

Check the builder

• Confirm the builder is licensed by the Louisiana State Licensing Board for Contractors. A missing or expired license is a red flag — and a possible defense in your favor later if there's a problem.
• Search the parish court records and the Secretary of State's database for prior judgments, dissolutions, or repeated lawsuits.
• Ask for references from the builder's last three completed homes — and call them.

Ask about warranty insurance

Section 3147 permits builders to insure their warranty obligations through an authorized insurer. Ask: "Do you carry warranty insurance? Who's the carrier? What does it cover?" A builder with insurance is one who pays out even after they dissolve. A builder without it is one whose dissolution can leave you holding the bag — unless your lawyer is creative.

Get an independent inspection — even on new construction

Walk the home with a licensed inspector before closing. New construction is not error-proof. Have them check grading, framing, roof attic, attic ventilation, plumbing rough-ins, HVAC sizing and routing, electrical panel labels, and the foundation's exterior. Document what you find in writing.

If you owned the lot, read every word about soil

When the buyer brings the land, the builder can — and often does — try to get the buyer to sign a written waiver of soil-condition liability (R.S. 9:3144(B)(18)). South Louisiana soil is famously expansive and water-prone. Don't sign a soil waiver without understanding what you're giving up. Better: don't sign it.

3.  At closing — the documents the builder MUST give you

Section 3145(B) requires the builder to deliver written notice of the NHWA at closing (or at construction-contract execution if there's no closing). Confirm that you receive this notice — and keep it. The Louisiana State Licensing Board for Contractors regulates the form. Its presence or absence later can matter.

Also save copies of:

• The full Act of Sale / closing documents
• The construction contract and every change order
• The builder's warranty paperwork (and the carrier's policy if there is one)
• Manufacturer warranties for appliances, HVAC, roofing, windows
• Plans, specifications, and survey

4.  After move-in — what to do (and not do)

Document the home

On move-in day, walk every room with a camera. Photograph each wall, ceiling, floor, door, window, and fixture. Save the photos with their original timestamps. If something cracks, sags, or stops working a year from now, the difference between "this is new" and "this was already like that" is in those photos.

Maintain — or risk losing coverage

Section 3144(B) excludes damage caused or made worse by the owner's failure to maintain. Keep up the basics: change the HVAC filters, keep the gutters clear, ventilate humid spaces, treat for termites, and don't let drainage problems linger. Improperly maintained ventilation that lets condensation build up is a stated exclusion.

Don't remodel without knowing the risk

Section 3144(B) also excludes damage caused or made worse by changes, alterations, or additions you (or any non-builder contractor) make after move-in. If a remodel damages a load-bearing wall, the structural warranty may not cover it. Keep records of who did what.

5.  If you spot a defect — the rules that matter

Notice in writing, by certified or registered mail, within one year of noticing it

This is the rule that catches more homeowners than any other. Section 3145(A) requires written notice to the builder by registered or certified mail within one year after you knew about the defect. A phone call doesn't count. A text doesn't count. An email usually doesn't count. Regular first-class mail usually doesn't count. Even certified email through a builder portal usually doesn't count.

The notice must list all defects you're complaining about (you can't sandbag the builder with new ones later) and give a reasonable opportunity to comply.

The 30-day peremption — and why it's brutal

Section 3146 sets a peremption period of thirty days after the appropriate warranty period ends. Peremption is harsher than prescription: it cannot be interrupted or suspended. If your 5-year structural warranty ends on June 1, you have until July 1 to sue. June 30 still works. July 2 does not. Save your notice receipts.

Save your receipts

Keep the green certified-mail return cards, the registered-mail tracking, dated copies of every letter, and notes of every call (who, when, what was said). Take photos of repairs — before, during, after. Save invoices for anything you've paid out of pocket.

6.  Things the NHWA does not cover

A few of the most common surprises in Section 3144(B):

• Insect damage, including termites — separate insurance, separate fight
• Mold and mold damage — separate fight
• Storms, floods, hurricanes, wind-driven water, lightning — homeowners' insurance territory
• Soil movement that's covered by other insurance — or any soil where you provided the lot and signed the waiver
• Landscaping, fences, driveways, walkways, and off-site improvements
• The concrete basement or detached garage floor after the first year
• Bodily injury and personal-property damage — not part of NHWA
• Consequential damages and relocation expenses
• Anything you didn't put in your certified-mail notice before the deadline

7.  Louisiana-specific watch list

Newly built homes in South Louisiana fail in patterns. If you bought new, watch for:

• Foundation hairline cracks that widen — especially in slab-on-grade homes on expansive soil
• Doors and windows that stop closing within the first year (often signaling foundation movement)
• Stucco and brick cracks at corners and over openings
• HVAC sizing problems — humid Louisiana air will reveal an undersized unit fast
• Roof leaks in valleys and around penetrations after the first heavy rain
• Drainage problems — water pooling near the foundation
• Subfloor squeaks and bouncing in upstairs floors
• Window and door weatherstripping that lets humid air leak in
• Termite barrier gaps at slab edges
• Hurricane-grade fasteners and roof-deck nailing per the code in effect at construction

8.  You bought a recently-built home from a flipper or prior owner — what changes?

Section 3148 transfers the NHWA warranty and any insurance automatically to subsequent owners at no charge. The transfer doesn't extend the duration — the original clock still controls. So if you bought a 3-year-old home, you have the remaining 2 years on structural and nothing left on the others. Know what time is left on your warranty before you close.

9.  When in doubt — call early

The NHWA punishes delay. The cheapest call you'll ever make is the one before the certified-mail clock runs out. We offer initial consultations on construction matters for a fee; the cost of a consult is small compared to what's at stake when a foundation is shifting or a roof is failing inside the warranty window.