Sections
Chapter 1 Sales in General 9:2901 – 9:2928
Chapter 2 Conventional Sales 9:2941 – 9:2989
Chapter 3 Judicial Sales 9:3001 – 9:3003
Chapter 4 Assignment or Transfer of Credits or Other Incorporeal Rights 9:3051 – 9:3121
Chapter 4-A Corporeal Immovables 9:3131 – 9:3136
Chapter 4-B Louisiana Exchange Sale of Receivables Act 9:3137.1 – 9:3137.9
Chapter 5 New Home Warranty Act 9:3141 – 9:3150
Chapter 6 Auction Sales, Judicial Sales, and Expropriation 9:3151 – 9:3191.1
Chapter 7 Relationship Between the Civil Code Title On Sale and the Commercial Laws 9:3192
Chapter 8 Residential Property Disclosure 9:3196 – 9:3200

Terms Used In Louisiana Laws > Revised Statutes > Title 9 > CODE BOOK II > CODE TITLE VII

  • Accident: means an unexpected or unforeseen actual, identifiable, precipitous event happening suddenly or violently, with or without human fault, and directly producing at the time objective findings of an injury which is more than simply a gradual deterioration or progressive degeneration. See Louisiana Revised Statutes 9:5212
  • Adopter: means a person who is legally competent to enter into a contract and who is adopting or buying a dog or cat from a releasing agency. See Louisiana Revised Statutes 14:36
  • Adult: means an individual who has attained the age of eighteen years. See Louisiana Revised Statutes 9:2156
  • Adult animal: means any dog or cat that has reached the age of one hundred eighty days or six months or more. See Louisiana Revised Statutes 14:36
  • Apiary: means the assembly of one or more colonies of bees at a single location. See Louisiana Revised Statutes 14:13
  • apprentice: as used in this Chapter is defined as a worker at least sixteen years of age, except where a higher minimum age standard is otherwise fixed by law, who is employed to learn an apprenticeable occupation pursuant to the standards of apprenticeship as provided for in the Louisiana Administrative Code, Title 40, Part 9, §317 in order to fulfill the requirements of the Louisiana Administrative Code, Title 40, Part 9, §301, and who has entered into a written apprentice agreement with an employer, an association of employers, or an organization of employees, providing for not less than two thousand hours of reasonably continuous employment, and for participation in an approved program of training through employment and through education in related and supplemental subjects. See Louisiana Revised Statutes 9:3147
  • Approved school: means any school of nursing preparing registered nurse applicants, approved by the board and including Charity Hospital School of Nursing, which is approved by the Louisiana State Board of Nursing. See Louisiana Revised Statutes 9:3133
  • association: means a nonprofit corporation, unincorporated association, or other legal entity, which is created pursuant to a declaration, whose members consist primarily of lot owners, and which is created to manage or regulate, or both, the residential planned community. See Louisiana Revised Statutes 9:1141.2
  • Association property: means all the property either held by the association or commonly held by the members of the association, or both, and lots privately held by members of the association. See Louisiana Revised Statutes 9:1141.2
  • Beekeeper: means a person who owns one or more colonies of bees. See Louisiana Revised Statutes 14:13
  • Beekeeping equipment: means anything that is used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards, and extractors. See Louisiana Revised Statutes 14:13
  • Board: means the Board of Regents. See Louisiana Revised Statutes 9:3133
  • Cattle: means all bovine animals, regardless of age, including calves. See Louisiana Revised Statutes 12:1-1426
  • Collecting person: means :

    (a)  Any person who makes payment to a producer for cattle purchased in Louisiana. See Louisiana Revised Statutes 12:1-1426

  • Comb package: means a package of bees shipped or moved on a comb containing honey and/or brood, with or without a queen. See Louisiana Revised Statutes 14:13
  • Commission: means the Louisiana Workforce Commission. See Louisiana Revised Statutes 39:98.1
  • Commissioner: means the commissioner of agriculture of the state of Louisiana. See Louisiana Revised Statutes 14:13
  • Committee: means the committee of deans, directors, and department heads of the approved schools and programs of nursing which prepare registered nurse applicants and a nonvoting representative of the board. See Louisiana Revised Statutes 9:3133
  • Community documents: means the articles of incorporation, bylaws, plat, declarations, covenants, conditions, restrictions, rules and regulations, or other written instruments, including any amendment thereto, by which the association has the authority to exercise any of its powers to manage, maintain, or otherwise affect the association property or which otherwise govern the use of association property. See Louisiana Revised Statutes 9:1141.2
  • Cost to the retailer: means the invoice cost, or the replacement cost, of the merchandise to the retailer, whichever is lower;

    (1)  Less all trade discounts except customary discounts for cash;

    (2)  Plus; in the following order:

    (a)  Freight charges not otherwise included in the invoice cost or the replacement cost of the merchandise;

    (b)  Cartage to the retail outlet if done or paid by the retailer, which cartage cost, in the absence of proof of a lesser cost, shall be three-fourths of one per cent of the cost to the retailer after adding freight charges but before adding cartage and markup; and,

    (c)  A markup to cover a proportionate part of the cost of doing business, which markup, in the absence of proof of a lesser cost, shall be six per cent of the cost to the retailer after adding freight charges and cartage. See Louisiana Revised Statutes 51:421

  • Cost to the wholesaler: means the invoice cost, or the replacement cost, of the merchandise to the wholesaler, whichever is lower;

    (1)  Less all trade discounts except customary discounts for cash and discounts from the state or any governmental agency allowed for the payment of collection of any taxes;

    (2)  Plus; in the following order:

    (a)  Freight charges, not otherwise included in the invoice cost or the replacement cost of the merchandise;

    (b)  Cartage cost which shall be three-fourths of one per cent of the cost to the wholesaler after adding freight charges but before adding cartage, any existing tobacco stamp excise tax and markup, and any motor fuels excise tax;

    (c)  Any existing tobacco stamp excise tax; and,

    (d)  A markup to cover a proportionate part of the cost of doing business which markup, in the absence of proof of a lesser cost, shall be two percent of the cost to the wholesaler after adding freight charges, cartage, any existing tobacco stamp excise tax, and any motor fuels excise tax; and,

    (e)  Any motor fuels excise tax. See Louisiana Revised Statutes 51:421

  • Council: means the Louisiana Beef Industry Council established under this Part to administer and govern the program. See Louisiana Revised Statutes 12:1-1426
  • Council: means the Louisiana Workforce Investment Council. See Louisiana Revised Statutes 39:98.1
  • Court: means a court of competent jurisdiction in the parish of the domicile of the minor. See Louisiana Revised Statutes 9:2156
  • Custodial property: means any interest in property transferred to a custodian under this Subpart and the income from and proceeds of that interest in property. See Louisiana Revised Statutes 9:2156
  • Custodian: means a person so designated under R. See Louisiana Revised Statutes 9:2156
  • Depository: means an institution which contracts with the state librarian to participate in the public document depository system. See Louisiana Revised Statutes 12:1-1428
  • Designated representative: is a person in a position of authority within the company he represents, such as a partner of a partnership, an officer or director of a corporation, the proprietor of a proprietorship, or anyone who acts in a managerial capacity. See Louisiana Code of Civil Procedure 14:87.2
  • Director: means the director of the office of workers' compensation administration. See Louisiana Revised Statutes 9:5212
  • Executive director: means the executive director of the commission. See Louisiana Revised Statutes 39:98.1
  • governing authority: means collectively the body which exercises the governmental and financing functions of the local governmental subdivision, or the school board;

    (2)  "issuer" means the local governmental subdivision or school board in whose name bonds authorized hereunder are issued;

    (3)  "local governmental subdivision" means any parish or municipality;

    (4)  "resolution" means a resolution, ordinance, act or other appropriate legislative enactment of a governing authority;

    (5)  "sales tax revenues" means the proceeds or avails of any sales tax imposed under the authority of Section 29 of Article VI of the Constitution of the State of Louisiana of 1974 or any other authority except R. See Louisiana Revised Statutes 39:698.1

  • Insurers: means insurance companies and group self-insurance associations, by whatever names. See Louisiana Code of Civil Procedure 14:87.2
  • Legal representative: means an individual's personal representative or tutor. See Louisiana Revised Statutes 9:2156
  • Livestock: means cattle, buffalo, bison, oxen, and other bovine; horses, mules, donkeys, and other equine; sheep; goats; swine; domestic rabbits; fish, turtles, and other animals identified with aquaculture that are located in artificial reservoirs or enclosures that are both on privately owned property and constructed so as to prevent, at all times, the ingress and egress of fish life from public waters; imported exotic deer and antelope, elk, farm-raised white-tailed deer, farm-raised ratites, and other farm-raised exotic animals; chickens, turkeys, and other poultry; and animals placed under the jurisdiction of the commissioner of agriculture and forestry and any hybrid, mixture, or mutation or any such animal. See Louisiana Revised Statutes 14:44.2
  • Lot: means any plot or parcel of land designated for separate ownership shown on a recorded subdivision plat for a residential development or the boundaries of which are otherwise described in a recorded instrument, other than common area, within the jurisdiction of the residential community as such area is described in the community documents. See Louisiana Revised Statutes 9:1141.2
  • Meeting: means the cost containment meeting approved by the office of worker's compensation. See Louisiana Code of Civil Procedure 14:87.2
  • Minor: means an individual who has not attained the age of eighteen years. See Louisiana Revised Statutes 9:2156
  • Office: means the office of workers' compensation administration established pursuant to R. See Louisiana Revised Statutes 9:5212
  • Owner of livestock: means any person owning or having control of livestock. See Louisiana Revised Statutes 14:44.2
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 33:2021
  • Person: means any natural person, partnership, corporation, company, association, society, trust, or other business unit or organization. See Louisiana Revised Statutes 12:1-1426
  • Person: means any individual, firm, or corporation. See Louisiana Revised Statutes 14:13
  • Person: means an individual, corporation, organization, or other legal entity. See Louisiana Revised Statutes 9:2156
  • Person: means an individual, a corporation, a partnership, or any association, or unincorporated organization. See Louisiana Revised Statutes 51:361
  • planned community: means a real estate development, used primarily for residential purposes, in which the owners of separately owned lots are mandatory members of an association by virtue of such ownership. See Louisiana Revised Statutes 9:1141.2
  • Practical nurse: means a person who practices practical nursing and who is licensed to practice under this Part. See Louisiana Revised Statutes 9:2800.67
  • Principal residence of a child: means :

    (a)  The location designated by a court to be the primary residence of the child. See Louisiana Revised Statutes 9:2045

  • Private transfer fee: means a fee or charge required by a private transfer fee obligation and payable upon the transfer of an interest in an immovable, or payable for the right to make or accept such transfer, regardless of whether the fee or charge is a fixed amount or is determined as a percentage of the value of the immovable, the purchase price, or other consideration given for the transfer. See Louisiana Revised Statutes 9:3132
  • Private transfer fee obligation: means any obligation arising under any recorded or unrecorded declaration or agreement, whether or not purporting to create a servitude, building restriction or other real right, to pay a private transfer fee to a party to the declaration or agreement, or his successors or assigns, or a third person upon a subsequent transfer of an interest in the immovable. See Louisiana Revised Statutes 9:3132
  • Program: means the occupational safety and health program approved by the OSHA section pursuant to R. See Louisiana Code of Civil Procedure 14:87.2
  • Promote: means to contrive, direct, establish, or operate a pyramid promotional scheme. See Louisiana Revised Statutes 51:361
  • Property disclosure document: means a document in a form prescribed by the Louisiana Real Estate Commission, or a form that contains at least the minimum language prescribed by the commission, which is presented by the seller to the purchaser in the manner set forth in R. See Louisiana Revised Statutes 9:3196
  • Public document: means informational matter, for public distribution regardless of format, method of reproduction, source, or copyright, originating in or produced with the imprint of, by the authority of, or at the total or partial expense of, any state agency. See Louisiana Revised Statutes 12:1-1428
  • Public highway: means any public way except those highways provided for in R. See Louisiana Revised Statutes 14:44.2
  • Purchaser: means a transferee or prospective transferee in any of the types of transactions described in R. See Louisiana Revised Statutes 9:3196
  • Pyramid promotional scheme: means any plan or operation by which a participant gives consideration for the opportunity to receive compensation which is derived primarily from the person's introduction of other persons into a plan or operation rather than from the sale of goods, services, or intangible property by the participant or other persons introduced into the plan or operation. See Louisiana Revised Statutes 51:361
  • Real estate contract: means any written agreement, entered into prior to the perfection of the contract of sale or contract to lease or otherwise with an option to purchase, which relates to the sale, offer for sale, purchase, offer to purchase, lease with option to purchase, offer to lease with option to purchase, any other option to purchase, or any other offer which includes an option to purchase any residential real property or improvements thereon. See Louisiana Revised Statutes 9:3196
  • Releasing agency: means an animal pound, shelter, humane organization, or animal control agency, whether public or private. See Louisiana Revised Statutes 14:36
  • Relocation: means a change in the principal residence of a child for a period of sixty days or more, but does not include a temporary absence from the principal residence. See Louisiana Revised Statutes 9:2045
  • Residential real property: means real property consisting of one or not more than four residential dwelling units, which are buildings or structures each of which are occupied or intended for occupancy as single family residences. See Louisiana Revised Statutes 9:3196
  • Retailer: means any person engaged in the business of making sales at retail within this state, or if any person is engaged in the business of making sales both at retail and at wholesale, "retailer" shall apply only to the retail portion of the business. See Louisiana Revised Statutes 51:421
  • School: means an accredited public or private educational institution that provides educational services to children of compulsory attendance age. See Louisiana Revised Statutes 39:698.13
  • Seller: means an owner of residential real property, whether an individual, partnership, corporation, or trust, who sells or attempts to sell residential real property in a manner described in R. See Louisiana Revised Statutes 9:3196
  • State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See Louisiana Revised Statutes 9:2156
  • State agency: means an office, department, board, bureau, commission, council, institution, college or university, division, officer, or other person or group within the executive, judicial, or legislative branch of state government that is authorized to exercise or that exercises any of the functions of the government of the state of Louisiana. See Louisiana Revised Statutes 12:1-1428
  • State entomologist: means the entomologist of the Louisiana Department of Agriculture. See Louisiana Revised Statutes 14:13
  • Statement: includes but is not limited to any notice, statement, proof of loss, bill of lading, receipt for payment, invoice, account, estimate of property damages, bill for services, diagnosis, prescription, hospital or doctor records, test results, X-rays, or other evidence of loss, injury, or expense. See Louisiana Code of Civil Procedure 14:91
  • Sterilization: means the surgical removal of the reproductive organs of a dog or cat in order to render the animal unable to reproduce. See Louisiana Revised Statutes 14:36
  • Transfer: means the sale, donation, conveyance, assignment, inheritance, or other transfer of an ownership interest in an immovable located in this state. See Louisiana Revised Statutes 9:3132
  • Transfer: means a transaction that creates custodial property under R. See Louisiana Revised Statutes 9:2156
  • Transferor: means a person who makes a transfer under this Subpart. See Louisiana Revised Statutes 9:2156
  • unit: means the insurance fraud investigation unit within the Department of Public Safety and Corrections, office of state police. See Louisiana Revised Statutes 11:247
  • Wholesaler: means any person engaged in the business of making sales at wholesale within this state, or if any person is engaged in the business of making sales both at wholesale and at retail, "wholesaler" shall apply only to the wholesale portion of the business. See Louisiana Revised Statutes 51:421