Last reviewed: 8 October 2026
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United StatesLouisiana home service contracts: Secretary of State registration and what the contract must say
Louisiana regulates what is usually sold as a home warranty under a short chapter of its Trade and Commerce title, not under the Insurance Code. A provider registers with the Secretary of State and files a surety bond, and the statute prescribes what the contract must contain and a short return window. This page walks through that chapter, R.S. 51:3141 through 51:3146, and covers home service contracts only, not vehicle service contracts.
Correction (8 October 2026): this page previously said that House Bill 841 of the 2024 Regular Session moved Louisiana home service contract providers to the Department of Insurance (R.S. 22:1806.1 through 22:1806.9) and repealed the Secretary of State chapter. That was wrong. The Louisiana Legislature's bill page lists House Bill 841 as pending in the House Insurance Committee, with no later action, and the Secretary of State chapter (R.S. 51:3141 through 51:3146) remains in the Revised Statutes.12 Provider registration is with the Secretary of State, which lists a home service contract provider form on its forms page. We have rewritten the page around the law that is actually in force, and we have corrected links to this page from our Louisiana vehicle service contract guide and the Library listings.
In short
- Who registers providers: a home service contract may not be issued, sold, or offered for sale in Louisiana unless the provider has registered with the Secretary of State and remains in good standing (R.S. 51:3143(A)(1)).2
- What backs the promise: each provider files a $50,000 surety bond, issued by a company licensed to do business in Louisiana, with the Secretary of State; the bond term matches the two-year registration (51:3143(C), (E)).2
- Not insurance: the statute says a home service contract "is not insurance in this state or otherwise regulated under any provision of the Louisiana Insurance Code" (51:3142(3)).3
- Return right: the contract must let the original holder return it within 20 days of mailing, or 10 days of delivery at the time of sale, for a full refund if no claim has been made (51:3145).5
- Where to check: the Secretary of State, not the Department of Insurance. A statement of the bond amount is not a statement that a particular provider has paid claims.
Who regulates a Louisiana home service contract provider
Under R.S. 51:3143, home service contracts "shall not be issued, sold, or offered for sale in this state" unless the provider has registered with the Secretary of State and remains in good standing, has given the buyer a receipt or other written evidence of the purchase, and has given the buyer a copy of the contract within a reasonable time after purchase. The registration application lists the provider's name, address and contact person, an in-state person designated for service of process, all officers, all directors and all owners of ten percent or more, along with the provider's organizational documents. A registration is effective for two years unless denied or revoked; the renewal application is due ninety days before expiration; and a registrant must report a material change in its registration information within sixty days.2
The same section sets the financial-responsibility requirement: each provider "shall obtain and file with the secretary of state a surety bond issued by a company licensed to do business in Louisiana in the amount of fifty thousand dollars," with a term that coincides with the registration. Subsection F then provides that, except for these registration requirements, providers, administrators and people marketing or selling home service contracts are exempt from other licensing requirements of the state and are not subject to other registration information or security requirements. Subsection G says that marketing, selling and administering home service contracts is "not insurance" and is exempt from the Louisiana Insurance Code.2
What counts as a home service contract, and what is exempt
R.S. 51:3142(3) defines a home service contract as a contract or agreement, for a separately stated consideration and for any duration, to perform the service, repair, replacement or maintenance of property, or to indemnify for it, for the operational or structural failure of residential property due to a defect in materials, workmanship, an inherent defect or normal wear and tear. The definition adds that such a contract may cover damage from power surges or interruption and accidental damage from handling, and may provide leak or repair coverage for house roofing systems.3 Four categories are exempt from the chapter under R.S. 51:3141(B):4
| Exempt item | What the statute says |
|---|---|
| Warranties | Warranties as the chapter defines them: made solely by the manufacturer, importer or seller, including builders on new home construction, without consideration, not negotiated or separated from the sale, and incidental to it3 |
| Maintenance-only agreements | Contracts of limited duration that provide only scheduled maintenance and do not include repair or replacement3 |
| Non-consumer contracts | Service contracts sold or offered for sale to persons other than consumers4 |
| Single new-item contracts | Contracts on a single new item of property sold at the time of the property's sale, or within one year of it, guaranteeing service, repair, replacement or maintenance of a single item of residential property4 |
What the contract itself must contain
R.S. 51:3144 requires a home service contract to be written in clear, understandable language that is easy to read, and lists the information every contract must contain.6
| Item | What the contract must state |
|---|---|
| Parties | The name and address of the provider, and any administrator if different; the seller's name and the holder's name to the extent furnished (these may be added at the time of sale)6 |
| Price | The total purchase price and the terms of sale (the price need not be preprinted and may be negotiated at the time of sale)6 |
| Deductible, coverage, limits | Any deductible, and the goods and services to be provided with any limitations, exceptions or exclusions6 |
| Transfer | Any restrictions governing transferability, if applicable6 |
| Cancellation | The terms governing cancellation by either side before the contract ends. The provider must mail written notice at least fifteen days before it cancels, stating the effective date and the reason; no prior notice is required for nonpayment of the provider fee, a material misrepresentation by the holder, or a substantial breach of the holder's duties relating to the covered product or its use6 |
| Holder duties | The holder's obligations and duties, including the duty to protect against further damage and any requirement to follow an owner's manual6 |
| Consequential damages and preexisting conditions | Whether the contract provides for or excludes consequential damages or preexisting conditions, if applicable6 |
| Claims | If prior approval of repair work is required, the procedure for obtaining it and making a claim, including a toll-free telephone number and a procedure for emergency repairs outside normal business hours6 |
The 20-day and 10-day return right
Under R.S. 51:3145, a home service contract must require the provider to let the holder return it within twenty days of the date it was mailed, or within ten days of delivery if it was delivered at the time of sale, or within a longer period the contract allows. If it is returned in time and no claim has been made, the contract is void and the provider must refund or credit the full purchase price. The right applies only to the original holder and only if no claim has been made. A ten percent penalty per month is added to a refund that is not paid or credited within forty-five days after the contract is returned.5 This is a return window for a new contract, separate from any cancellation terms later in the contract's term. For the general picture across states, see our guide to home warranty cancellation and refund rights.
Prohibited acts
R.S. 51:3146 bars a provider from using in its name the words "insurance," "casualty," "surety," "mutual," or other words descriptive of the insurance, casualty or surety business, or a name deceptively similar to an insurer's or surety's or another provider's; "guaranty" or a similar word may be used. A provider must include in its contracts a statement substantially in the form "This agreement is not an insurance contract." A provider or its representative also may not make or permit a false or misleading statement in its contracts or literature, or deliberately omit a material statement that would be misleading if omitted.7
Why people get this wrong: the 2024 bill that did not pass
Louisiana moved regulation of home service contract providers out of the Department of Insurance in 2015, through Senate Bill 152 of that year's regular session, which enacted Chapter 57 of Title 51 effective January 11, 2016 (Acts 2015, No. 161).4 In the 2024 Regular Session, House Bill 841 proposed to reverse that: its title describes moving "the regulation of home service contract providers from the secretary of state to the Department of Insurance," enacting R.S. 22:1806.1 through 1806.9 and repealing R.S. 51:3141 through 51:3146.1 The legislature's bill page shows only two recorded actions, a reading on April 2 and a reading and referral to the Committee on Insurance on April 3, and a current status of "Pending House Insurance."2 We found no enacted amendment to R.S. 51:3141 through 51:3146 that changes the regulator, and the section histories printed on the statute pages list amendments through Acts 2022, No. 193 (to 51:3143). Anyone relying on a summary that says the Department of Insurance now regulates these providers should check it against the statute text.
Checking a Louisiana provider
Point 3 of our standard looks to the regulator's own record rather than the provider's marketing. For a Louisiana home service contract, that regulator is the Secretary of State, whose forms page lists a "Home Service Contract Provider" registration form (#3143).8 The Secretary of State changed its commercial fee schedule effective October 1, 2026, so confirm current fees on its site rather than relying on a figure printed elsewhere. If a dispute is not resolved with the provider, see where to file a warranty complaint, and for a contract that was sold by a company that has since stopped operating, what happens if your warranty company goes out of business.
Last reviewed: 8 October 2026. Statute text as published by the Louisiana Legislature. This page is general information about a statute, not legal advice.