§ 51:3141 A. The purposes of this Part are the following:
§ 51:3142 As used in this Chapter, unless the context otherwise requires, the following words and phrases shall be defined as follows:
§ 51:3143 A. Home service contracts shall not be issued, sold, or offered for sale in this state unless the provider has done each of the following:
§ 51:3144 A. Each home service contract marketed, sold, offered for sale, issued, made, proposed to be made, or administered in this state shall be written, printed, or typed in clear, underst
§ 51:3145 A home service contract shall require every provider to permit the service contract holder to return the home service contract within twenty days of the date the home service contrac
§ 51:3146 A. A provider shall not use in its name the words “insurance”, “casualty”, “surety”, “mutual”, or any other words descriptive of the insurance, casualty, or surety business or a name

Terms Used In Louisiana Revised Statutes > Title 51 > Chapter 57 - Home Service Contract Providers

  • Administrator: means the person who is responsible for the administration of the home service contract or the home service contract plan or who is responsible for any submission required by this Chapter. See Louisiana Revised Statutes 51:3142
  • Contract: A legal written agreement that becomes binding when signed.
  • contract holder: means a person who is the purchaser or holder of a home service contract. See Louisiana Revised Statutes 51:3142
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Department: means the Department of Children and Family Services or the Louisiana Department of Health. See Louisiana Revised Statutes 46:1
  • Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Home service contract: means a contract or agreement for a separately stated consideration for any duration to perform the service, repair, replacement, or maintenance of property or indemnification for service, repair, replacement, or maintenance, for the operational or structural failure of any residential property due to a defect in materials, workmanship, inherent defect, or normal wear and tear, with or without additional provisions for incidental payment or indemnity under limited circumstances. See Louisiana Revised Statutes 51:3142
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, partnership, corporation, incorporated or unincorporated association, joint stock company, reciprocal, syndicate, or any similar entity or combination of entities acting in concert. See Louisiana Revised Statutes 51:3142
  • Provider: means a person who is contractually obligated to provide the services or indemnification under a home service contract. See Louisiana Revised Statutes 51:3142
  • Provider fee: means the consideration paid for a home service contract. See Louisiana Revised Statutes 51:3142
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Recipient: means the person who has received assistance under this Title. See Louisiana Revised Statutes 46:1
  • Secretary: means the secretary of the Department of Children and Family Services or the Louisiana Department of Health. See Louisiana Revised Statutes 46:1
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Warranty: means a warranty made solely by the manufacturer, importer, or seller of property or services, including builders on new home construction, without consideration, that is not negotiated or separated from the sale of the product and is incidental to the sale of the product, that guarantees indemnity for defective parts, mechanical or electrical breakdown, labor, or other remedial measures, such as repair or replacement of the property, or repetition of services. See Louisiana Revised Statutes 51:3142