§3132. Definitions
As used in this Chapter:
(1)"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. "Private transfer fee" shall not include the
following:
(a)Any consideration payable by the buyer to the seller for the interest in the
immovable being transferred, including any subsequent additional consideration for the
immovable payable by the buyer based upon any subsequent appreciation, development, or
sale of the immovable, provided such addi
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§3132. Definitions
As used in this Chapter:
(1) "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. "Private transfer fee" shall not include the
following:
(a) Any consideration payable by the buyer to the seller for the interest in the
immovable being transferred, including any subsequent additional consideration for the
immovable payable by the buyer based upon any subsequent appreciation, development, or
sale of the immovable, provided such additional consideration is payable on a one-time basis
only and the obligation to make such payment does not bind successors in title to the
immovable.
(b) Any commission payable to a licensed real estate broker for the transfer of an
immovable pursuant to an agreement between the broker and the seller or the buyer,
including any subsequent additional commission for that transfer payable by the seller or the
buyer based upon any subsequent appreciation, development, or sale of the immovable.
(c) Any interest, charges, fees, or other amounts payable by a borrower to a lender
pursuant to a loan secured by a mortgage against an immovable, including but not limited
to any fee payable to the lender for consenting to an assumption of the loan or a transfer of
the immovable subject to the mortgage, any fees or charges payable to the lender for estoppel
letters or certificates, and any shared appreciation interest or profit participation or other
consideration payable to the lender in connection with the loan.
(d) Any rent, reimbursement, charge, fee, or other amount payable by a lessee to a
lessor under a lease, including but not limited to any fee payable to the lessor for consenting
to an assignment, subletting, encumbrance, or transfer of the lease.
(e) Any consideration payable to the holder of an option to purchase an interest in
an immovable or the holder of a right of first refusal or first offer to purchase an interest in
an immovable for waiving, releasing, or not exercising the option or right upon the transfer
of the immovable to another person.
(f) Any tax, fee, charge, assessment, fine, or other amount payable to or imposed by
a governmental authority.
(g) Any fee, charge, assessment, fine, or other amount authorized by the Louisiana
Condominium Act, R.S. 9:1121.101 et seq.; the Louisiana Timesharing Act, R.S. 9:1131.1
et seq.; or the Louisiana Planned Community Act, R.S. 9:1141.1 et seq.
(2) "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.
(3) "Transfer" means the sale, donation, conveyance, assignment, inheritance, or
other transfer of an ownership interest in an immovable located in this state.