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Louisiana Counter Offer: What You Should Know

A) The Offer contains a full and complete offer to the parties, which is binding upon the parties, and which binds the parties together in perpetuity as a contract, in the nature of an agreement to sell or purchase real property or any interest therein. b) The Offer and all material attachments thereto are for the “use, occupation and enjoyment” (as defined in the Louisiana Residential Real Estate Rules and Regulations, Title 16 (§§16-1-1-1), C. R.S.) for the parties and their families or households (each a “residence” under the Louisiana Real Estate Rules and Regulations), for each of the following purposes: (i) To live in the residence, including any common areas of or within the residence and which the parties intend to operate as a business; c) For use on the property or within the residence for all or part of the year (i.e., the residence is intended to be “occupied” as a residence at all times) and/or during other periods of the year. (ii) To move into and occupy the residence for residence purposes within 45 days of the offer, subject to the terms and conditions set forth in this Agreement. (iii) A person moving into the residence shall pay to the seller for moving in, as required by applicable Louisiana law (e.g., rent, utilities, etc.). If the occupant moves, the occupant may occupy only the portion of the residence they occupy and the remainder of the residence must be sold at a public sale. (iv) A person who moves out of the residence shall pay to the seller for such person's departure, as required by applicable Louisiana law. If the occupant leaves, the occupant may leave only the portion of the residence that the occupant uses. (v) The occupants in the absence of an agreement between the parties shall pay to the seller the reasonable and actual expenses paid in connection with maintaining the property. (b) Upon the date of the execution of this Agreement, the seller and the buyer respectively sign the Offer in this form. The name of each Buyer shall be clearly and legibly marked as such on the Offer. An offer must accompany each written or oral offer to sell or rent a real property or any interest therein on the date of execution of this Agreement.

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