CH4 Sec1

• Article 1545.1 Where the obligation of either party to a contract of sale is subject to any condition which is not performed, such party may refuse to proceed with the contract or he may waive performance of the condition. If the other party has promised that the condition should happen or be performed, such first mentioned party may also treat the non-performance of the condition as a breach of warranty.
• Article 1545.2 Where the ownership in the thing has not passed, the buyer may treat the fulfillment by the seller or his obligation to deliver the same as described and was warranted expressly or by implication in the contract of sale as condition of the obligation of the buyer to perform his promise to accept and pay for the thing.
• Article 1546. Any affirmation of fact or any promise by the seller relating to the thing is an express warranty if the natural tendency of such affirmation or promise is to induce the buyer to purchase the same, and if the buyer purchases the thing relying thereon. No affirmation of the value of the thing, nor any statement purporting to be a statement of the seller's opinion only, shall be construed as a warranty, unless the seller made such affirmation or statement as an expert and it was relied upon by the buyer.
• Article 1547. In a contract of sale, unless a contrary intention appears, there is:

  (1) An implied warranty on the part of the seller that he has a right to sell the thing at the time when the ownership is to pass, and that the buyer shall from that time have and enjoy the legal and peaceful possession of the thing;
• Article 1547. (2) An implied warranty that the thing shall be free from any hidden faults or defects, or any charge or encumbrance not declared or known to the buyer.

  This article shall not, however, be held to render liable a sheriff, auctioneer, mortagee, pledged, or other person professing to sell by virtue of authority in fact or law, for the sale of a thing in which a third person has a legal or equitable interest.
• Article 1548. Eviction shall take place whenever by a final judgment based on a right prior to the sale or an act imputable to the vendor, the vendee is deprived of the whole or a part of the thing purchased.

  The vendor shall answer for the eviction even though nothing has been said in the contract on the subject.

  The contracting parties, however, may increase, diminish, or suppress this legal obligation of the vendor.
• Article 1549. The vendee need not appeal from the decision in order that the vendor may become liable for eviction.
• Article 1550. When adverse possession had been commenced before the sale but the prescriptive period is completed after the transfer, the vendor shall not be liable for eviction.
• Article 1551. If the property is sold for nonpayment of taxes due and not made known to the vendee before the sale, the vendor is liable for eviction.
• Article 1552. The judgment debtor is also responsible for eviction in judicial sales, unless it is otherwise decreed in the judgment.
• Article 1553. Any stipulation exempting the vendor from the obligation to answer for eviction shall be void, if he acted in bad faith.
• Article 1554. If the vendee has renounced the right to warranty in case of eviction, and eviction should take place, the vendor shall only pay the value which the thing sold had at the time of the eviction. Should the vendee have made the waiver with knowledge of the risks of eviction and assumed its consequences, the vendor shall not be liable.
• Article 1555. When the warranty has been agreed upon or nothing has been stipulated on this point, in case eviction occurs, the vendee shall have the right to demand of the vendor:

  (1) The return of the value which the thing sold had at the time of the eviction, be it greater or less than the price of the sale;

  (2) The income or fruits, if he has been ordered to deliver them to the party who won the suit against him;

  (3) The costs of the suit which caused the eviction, and, in a proper case, those of the suit brought against the vendor for the warranty;
• Article 1555. (4) The expenses of the contract, if the vendee has paid them.

  (5) The damages and interests, and ornamental expenses, if the sale was made in bad faith.
• Article 1556.1 Should the vendee lose, by reason of the eviction, a part of the thing sold of such importance, in relation to the whole, that he would not have bought it without said part, he may demand the rescission of the contract, but with the obligation to return the thing without other encumbrances that those which it had when he acquired it.
• Article 1556.2 He may exercise this right of action, instead of enforcing the vendor's liability for eviction.

  The same rule shall be observed when two or more things have been jointly sold for a lump sum, or for a separate price for each of them, if it should clearly appear that the vendee would not have purchased one without the other.
• Article 1557. The warranty cannot be enforced until a final judgment has been rendered, whereby the vendee loses the thing acquired or a part thereof.
• Article 1558. The vendor shall not be obliged to make good the proper warranty, unless he is summoned in the suit for eviction at the instance of the vendee.
• Article 1559. The defendant vendee shall ask, within the time fixed in the Rules of Court for answering the complaint, that the vendor be made a co-defendant.
• Article 1560.1 If the immovable sold should be encumbered with any non-apparent burden or servitude, not mentioned in the agreement, of such a nature that it must be presumed that the vendee would not have acquired it had he been aware thereof, he may ask for the rescission of the contract, unless he should prefer the appropriate indemnity. Neither right can be exercised if the non-apparent burden or servitude is recorded in the Registry of Property, unless there is an express warranty that the thing is free from all burden and encumbrances.
• Article 1560.2 Within one year, to be computed from the execution of the deed, the vendee may bring the action for rescission, or sue for damages.

  One year having elapsed, he may bring an action for damages within an equal period, to be counted from the date on which he discovered the burden or servitude.