Otherwise, the rules and regulations of LREC, § 2901, require the broker to keep the deposit funds in the trust account. The broker is also generally required to inform all parties and licensees in writing before the funds are paid. The Louisiana Residential Purchase (RPA) agreement, imposed by the state, states that the sale price of the property for sale was negotiated based on the “apparent current condition” of the property. That is, the condition of the property on the date of the sales contract (see RPA, lines 161-166). In accordance with the terms of the RPA form, it is the seller`s responsibility to maintain the property in substantially the same or better condition than it had at the time of the RPA performance. In addition, the RPA provides a final exemplary way to ensure that the property is in the same or better condition than at the time of the first inspection (see RPA, lines 252-258 and 161-200). The Civil Code does not directly address the fact that an “accidental event” suspends the performance of contracts, but the Attorney General issued a statement in the wake of Hurricanes Katrina and Rita that states that the lease may additionally contain a provision on the case of force majeure, accident or conviction/Eminent domain, which may grant certain apology rights to the lessor or tenant. Suspend or terminate obligations or services. The consequences of total or partial destruction of the leased premises vary according to the terms of the lease. The obligation to return the tenant`s deposit may be included if the property is wholly or partially destroyed. Each lease is different and must be reviewed to determine the rights and obligations of the parties.
However, there were other obstacles to closing on September 12, 2005: the house did not have a termite certificate (which was prescribed by the sales contract), there were instructions on the land and the bank was still closed because of Hurricane Katrina. The buyer did not show up at the closing on September 12 and the seller unilaterally resensited the sales contract the next day. The buyer then filed a lawsuit to obtain a certain performance; the seller has submitted a conventional claim for breach of the sales contract. The fact that you have been temporarily evicted from your property usually does not exempt you from mortgage payments. As a general rule, the destruction of residential or commercial property would not affect the owner`s underlying debt to his mortgage holder, nor the debt note proving his debt, and payments to the mortgage holder would therefore remain due. Under Louisiana law, a tenant is generally required to return the leased property at the end of the lease in a condition equivalent to that of handing over the leased property to the tenant, with the exception of normal wear and tear. Louisiana law allows a lessor to retain all or part of a bond reasonably necessary to remedy “improper wear and tear” of the rental property. The Probate Commission Chart Q&A (revised March 23, 2016) has been checked to ensure that all citations are up to date and its revision date has been updated.
Anyone facing such difficulties should contact their mortgage company directly to inquire about the possibility of temporarily suspending mortgage payments.. . . .