In Louisiana real estate, “cash buyer” has always sounded simple. No financing. No appraisals. Faster Act of Sale.
But in real practice, especially around New Orleans and Baton Rouge, “cash” used to mean a lot of different things. Some buyers had real money. Others were hoping to find it later. And some were just tying up properties they had no ability to close on.
That grey area is gone.
Starting in 2026, Louisiana sellers have more protection than ever before. Between changes to the LREC Residential Agreement to Buy or Sell and new federal transparency rules, cash offers are now tightly defined, verifiable, and enforceable. That’s good news for sellers, but only if you know what to look for.
This guide explains how to separate real cash buyers from time-wasters and deal-killers under the new 2026 rules.
The “Cash Is King” Myth vs. the 2026 Reality
For years, sellers were told that “cash is king,” and in many cases it was true. Cash offers moved faster and avoided lender issues. But in Louisiana, there was a long-standing problem: nothing forced a buyer to prove the cash actually existed early in the deal.
I’ve seen this play out dozens of times in Orleans, Jefferson, East Baton Rouge, and surrounding parishes. A buyer writes “cash” on the contract, gets it accepted, and then:
- Shops the contract to another investor
- Tries to raise money during inspection
- Renegotiates aggressively once the seller is off the market
The seller loses time, leverage, and sometimes the next real buyer.
The 2026 LREC form changes were designed to stop exactly that behavior. Cash is no longer a promise. It’s now something that must be proven, verified, and enforceable.
“Cash sales shouldn’t be perceived as risky. Before anyone signs the deed, we can make sure the seller is completely protected and the funds are “good” by working with a reliable Louisiana title company and adhering to the new FinCEN disclosure regulations. It’s about giving the homeowner a smooth, stress-free transition.” – Derrick Rosenbarger, CEO of Sell My House Fast Louisiana
The 2026 LREC Mandatory Proof-of-Funds Rules
The biggest change sellers need to understand sits in Lines 68–75 of the 2026 LREC Residential Agreement to Buy or Sell.
The Deadline That Matters
Under the 2026 form, a buyer making a cash offer must provide Proof of Funds (POF) within a defined number of calendar days after acceptance. This is no longer optional language or something agents “work out later.”
Miss the deadline, and the seller’s rights change immediately.
This matters because it prevents buyers from locking up your property while they “figure it out.”
The Three Legal Forms of Proof of Funds
Under the 2026 LREC agreement, cash buyers must provide one of the following, unless the seller agrees otherwise in writing:
- A formal letter of financial capability
Issued by a recognized financial institution, on letterhead, confirming available liquid funds. - A redacted bank or brokerage statement
Showing sufficient liquid funds to cover the purchase price. Account numbers can be redacted, but balances must be clear. - Other written proof explicitly accepted by the seller
This could include escrow confirmation, attorney trust account verification, or another agreed method.
Anything outside these is not compliant unless the seller agrees in writing.
The Major 2026 Upgrade: Direct Verification Rights
This is the change most sellers don’t realize yet.
Under the new LREC language, the seller and seller’s agent now have the contractual right to contact the buyer’s financial institution directly to verify the proof of funds.
This is a big shift.
In the past, buyers could hide behind screenshots or vague letters. In 2026, if a buyer refuses verification, that refusal itself becomes a red flag.
Extra Tip:
Real cash buyers are used to verification. Fake ones panic when you mention it.
New Seller Termination Rights
Under the old system, sellers were often stuck waiting. Waiting for documents. Waiting for excuses. Waiting for “good faith efforts.” That’s over.
If a buyer fails to deliver Proof of Funds within the contract deadline, the seller now has the unilateral right to terminate the contract immediately.
- No extensions.
- No curing period.
- No obligation to negotiate.
From a seller’s standpoint, this is one of the strongest protections Louisiana has ever added to its standard contract.
Where Louisiana real estate attorneys come in:
This is also where experienced Louisiana real estate attorneys add real value for sellers. In practice, the seller’s attorney is the one enforcing Proof-of-Funds deadlines, confirming escrow terms, and advising whether a contract termination is clean and defensible under the LREC form. In New Orleans and Baton Rouge transactions, I regularly see attorneys step in to stop buyers from stalling, abusing inspection periods, or misusing “cash” language that no longer holds up under the 2026 rules. A good Louisiana real estate lawyer doesn’t slow a deal down. They keep it from going sideways and make sure the seller stays protected all the way to the Act of Sale.
The FinCEN Transparency Rule for LLC and Trust Buyers
Starting March 1, 2026, a new federal rule takes effect that directly impacts Louisiana cash sales involving LLCs and Trusts.
Under the FinCEN Residential Real Estate Reporting Rule, title companies must report:
- The beneficial owners of LLCs and Trusts
- Individuals with controlling interest
- Relevant identifying information
This applies to cash transactions, even if no mortgage is involved.
What Sellers Need to Know
If a buyer is using:
- An LLC
- A Trust
- Any non-individual legal entity
The title company is legally required to collect and report ownership information.
Here’s the practical truth from the field:
If an investor refuses to provide ownership information to the title company, the deal cannot legally close.
Real cash buyers already know this. Scammers and contract flippers don’t want that level of transparency.
Extra Tip:
If a buyer pushes back hard on FinCEN disclosure, walk away.
Red Flags: How to Spot a Fake Cash Buyer
After two decades in Louisiana transactions, the warning signs repeat themselves.
The Assignment Clause Trap
If a buyer insists on broad assignment rights, especially without additional non-refundable deposit, that usually means:
- They don’t have the money
- They plan to sell your contract to someone else
Assignments aren’t always bad, but real cash buyers don’t need them.
Refusal to Use a Louisiana-Licensed Title Company
Every legitimate cash buyer in Louisiana understands:
- Title work
- Curative issues
- Parish records
- Act of Sale procedures
If a buyer wants to use an out-of-state escrow or avoids licensed Louisiana title companies, that’s a serious issue.
The Inflated Offer Followed by Renegotiation
Another common tactic:
- High offer to win the deal
- Aggressive price reductions during inspection
- Pressure based on time or “other buyers falling through”
Real cash buyers price deals correctly upfront. They don’t need drama to make numbers work.
Personal Advice: Louisiana’s “Good Funds” Law
Louisiana law is clear on this point.
Under LA R.S. 22:532, funds used at the Act of Sale must be “good funds.” That means:
- Wire transfer
- Certified funds
- Verified bank instruments
A suitcase of cash is not legal. Personal checks are not acceptable. Delays in wiring funds can delay or cancel an Act of Sale.
Extra Tip:
If a buyer talks casually about bringing cash to closing, they don’t understand Louisiana law.
Real Cash Buyer vs. Fake Cash Buyer
| Real Cash Buyer | Fake Cash Buyer |
| Provides POF on time | Delays or avoids POF |
| Allows bank verification | Refuses verification |
| Uses LA title company | Pushes alternative escrow |
| Accepts FinCEN reporting | Avoids ownership disclosure |
| Wires good funds | Vague about payment method |
Seller’s 2026 Checklist
Before accepting a cash offer in Louisiana:
- Confirm Proof of Funds deadline in the contract
- Require verifiable POF, not screenshots
- Ask who is actually buying (individual, LLC, trust)
- Confirm title company is Louisiana-licensed
- Watch for assignment language
- Understand your termination rights
- Expect good funds at the Act of Sale
Cash offers are still powerful in Louisiana, but in 2026 they are no longer informal or trust-based. They are regulated, verifiable, and enforceable.
Sellers who understand the new rules protect their time, their leverage, and their outcome. Real cash buyers welcome transparency. Fake ones don’t survive it.
If you treat Proof of Funds and verification as non-negotiable from day one, you’ll avoid most of the problems sellers used to accept as “part of the process.”
That’s progress, and for Louisiana sellers, it’s long overdue.

