PART II

LIABILITY FOR DEFECT

 

Section 472.- In case of any defect in the property sold which impairs either its value or its fitness for ordinary purposes, or for the purposes for the contract, the seller is liable.

The foregoing provision applies whether the seller knew or did not know of the existence of the defect.

 

Section 473.- The seller is not liable in the following cases :

                (1) If the buyer knew of the defect at the time of sale, or would have known of it if he had exercised such care as might be expected from a person of ordinary prudence ;

                (2) If the defect was apparent at the time of the delivery, and the buyer accepts the property without reservation ;

                (3) If the property was sold by public auction.

 

Section 474.- No action for liability for defect can be entered later than one year after the discovery of the defect.

 

PART III

LIABILITY FOR EVICTION

 

Section 475.- The seller is liable for the consequences of any disturbance caused to the peaceful possession of the buyer by any person having over the property sold a right existing at the time of the sale or by the seller.

 

Section 476.- The seller is not liable for a disturbance caused by a person whose rights were known to the buyer at the time of the sale.

 

Section 477.- In any case of disturbance where an action arises between the buyer and a third person, the buyer is entitled to summon the seller to appear in the action to be joint defendant or joint plaintiff with the buyer, in order to enable the Court to settle disputes between all the parties to them in one action.

 

Section 478.- The seller is also entitled, if he thinks proper, to intervene in the action to deny the claim of the third person.

 

Section 479.- The seller is liable if, by reason of eviction, the buyer is deprived of the whole or part of the property sold or if the property is subject to a right, the existence of which impairs its value, fitness, use or benefit and of which the buyer had no knowledge at the time of sale.

 

Section 480.- If an immovable property is declared to be subject to a servitude established by law, the seller is not liable unless he has expressly guaranteed that the property was free from servitudes, or from that particular servitude.