Section 465.- In a sale of movable property :

                (1) Where the seller delivers the property less than he contracted for, the buyer may reject it; but if the buyer accepts it, he must pay the proportionate price ;

                (2) Where the seller delivers the property more than he contracted for, they buyer may accept the property according to the contract and reject the rest, or he may reject the whole. If the buyer accepts the whole of the property so delivered, he must pay the proportionate price ;

                (3) Where the seller delivers the property he contracted for mixed with the property of a different description not included in the contract, the buyer may accept the property according to the contract and reject the rest, or he may reject the whole.

 

Section 466.- In a sale of immovable property where the total area is specified and the seller delivers the property less or more than he contracted for, the buyer has the option either to reject or accept it and pay the proportionate price.

If the deficiency or excess does not exceed five per cent of the total area so specified the buyer is bound to accept it and pay the proportionate price, provided that the buyer can rescind the contract if the deficiency or excess is such that had he known of it he would not have entered into the contract.

 

Section 467.- No action for liability on account of deficiency or excess can be entered later than one year after delivery.

 

Section 468.- When there is no time clause for payment of the price, the seller is entitled to retain the property sold until the price is paid.

 

Section 469.- Even though there is a time clause for payment, if the buyer becomes bankrupt before delivery, was bankrupt at the time of sale without the knowledge of the seller, or impairs or reduces security given for payment, the seller is entitled to retain the property sold, unless the buyer gives proper security.

 

Section 470.- When the buyer is in default, the seller who retains the property under the foregoing Sections can, instead of using the ordinary  remedies for non-performance, notify the buyer in writing to pay the price and incidental charges, within a reasonable time to be fixed in the notice.

If the buyer fails to comply with the notice, the seller can sell the property by public auction.

 

Section 471.- The seller shall deduct from the net proceeds of the public auction what is due to him for the price and incidental charges and deliver forthwith any surplus to the buyer.