What date does merchantable title/curative work go into effect in Louisiana?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What date does merchantable title/curative work go into effect in Louisiana?

I’m selling a home and do not want to extend the closing date because the buyer did not obtain financing within allotted time frame. Buyer agent now says buyer evoking merchantable title because the title company had to clear up something on the title from previous owner curative work but it was clear PRIOR to act of sale date on contract. Are they automatically granted an additional 30 days b/c curative work was involved? This seems unfair. I could understand if it still wasn’t cleared up but title was clear 14 days prior to act of sale date on contract.

Asked on November 23, 2017 under Real Estate Law, Louisiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You must provide clear title: that is implicit in the contract of sale for the home, since you cannot provide what the buyer is paying for (clear title) if title is not clear. If at any time prior to the closing actually occuring, a cloud on title or other impediment to providing clear title occurs or is discovered, the buyer could terminate the sale for breach of contract without penalty (i.e. get his/her deposit back) and/or sue you for monetary compensation. It is likely better to extend the closing date to allow the issue to be resolved. It is only after closing, after you have transferred title to the buyer, that you would not be liable for a cloud on title discovered later or responsible to provide clear title.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption