Section 481.- If the seller was not a party to the original action, or if the buyer has made a compromise with the third person, or has yielded to his claim, no action for liability on account of eviction can be entered later than three months after final judgement in the original action, or after the date of the compromise, or of the yielding to the third person.

 

Section 482.- The seller is not liable for eviction in the following cases :

                (1) If no action was entered, and the seller proves that the rights of the buyer were lost on account of the fault of the buyer, or

                (2) If the buyer did not summon the seller to appear in the action, and the seller proves that he would have succeeded in the action if summoned to appear, or

                (3) If the seller appeared in the action, but the claim of the buyer was dismissed on account of the fault of the buyer.

In any case the seller is liable whenever he is summoned to appear in the action and refuses to take part of the buyer as joint defendant or joint plaintiff.

 

PART IV

CLAUSE FOR NON-LIABILITY

 

Section 483.- The parties to a contract of sale may agree that the seller shall not incur any liability for defects or eviction.

 

Section 484.- Unless the non-liability clause specifies otherwise, such clause does not exempt the seller from the repayment of the price.

 

Section 485.- A non-liability clause cannot exempt the seller from the consequences of his own acts or of facts which he knew and concealed.

 

CHAPTER III

DUTIES OF THE BUYER

 

Section 486.- The buyer is bound to take delivery of the property sold and to pay the price in accordance with the terms of the contract of sale.

 

Section 487.- The price of the property sold may be fixed by the contract, or may be left to be fixed in manner thereby agreed, or may be determined by the course of dealing between the parties.

Where the price is not determined as aforesaid, the buyer must pay a reasonable price.

 

Section 488.- If the buyer has discovered defects in the property sold, he is entitled to withhold the price or part of it still unpaid, unless the seller gives proper security.