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Art. 4302.Terms of Sale

Book VII. Special Proceedings · Title VI. Tutorship · Chapter 9. Alienation of Minor's Property · Amendment history unavailable · Last verified July 30, 2026

In one sentenceArticle 4302 requires a sale of a minor's property to be for cash unless the tutor petitions the court for a credit sale, in which case the authorizing order must spell out both the credit terms and the security protecting the minor's unpaid price.

Full Text of Art. 4302

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A sale of minor's property shall be for cash, unless upon the petition of the tutor the court authorizes a credit sale. When a credit sale is authorized, the order shall specify the terms of the sale and the security.

Plain-English Summary

Once a tutor has court authority to sell a minor's property at all, Article 4302 addresses how the buyer pays. The default is cash. A cash sale closes the transaction cleanly: the minor's estate receives the full price at once, with no risk that a buyer later defaults on installments owed to a child who cannot easily chase down a delinquent debtor.

A credit sale is available, but only if the tutor asks for it and the court agrees. Selling on credit can make sense when it draws a better price or a wider pool of buyers, but it also exposes the minor to the risk of nonpayment. Article 4302 addresses that risk directly: when the court authorizes a credit sale, its order must specify the terms of the sale and the security backing the deferred price, rather than leaving the minor's estate to collect on an unsecured promise.

This pairs naturally with Article 4304's additional bond requirement for sales of immovable property and with the general security rules in Chapter 4. A credit sale without adequate security would undercut the purpose requirement in Article 4301, since a sale that leaves the minor exposed to an uncollectible debt is unlikely to serve the minor's interest.

Frequently Asked Questions

Does a minor's property have to be sold for cash in Louisiana?

Ordinarily, yes. Article 4302 defaults to a cash sale unless the tutor petitions the court for a credit sale and the court authorizes one.

What happens if the court authorizes a credit sale of a minor's property?

The order authorizing the credit sale has to specify the terms of the sale and the security given to protect the unpaid price, so the minor is not left with an unsecured debt.

Can a tutor decide on their own to sell a minor's property on credit?

No. A credit sale requires the tutor to petition the court, and only the court's order can authorize departing from the default cash-sale rule.

Why does Louisiana require security on a credit sale of a minor's property?

Because a minor cannot readily pursue a buyer who fails to pay in installments, Article 4302 ties any credit sale to specified security so the minor's estate is protected if the buyer defaults.

Source & verification. Article text is reproduced verbatim from the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature. Last verified July 30, 2026. · Official source
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