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VI. OBLIGATIONS OF THE VENDOR/SELLER - D. WARRANTIES [EVICTION] …

- - - - STIPULATED EXEMPTION
        The contracting parties, however, may increase, diminish, or suppress this legal obligation of the vendor. (1475a)
    - - NO APPEAL REQUIRED TO
        HOLD VENDOR LIABLE FOR EVICTION
        Article 1549. The vendee need not appeal from the decision in order that the vendor may become liable for eviction. (n)
        
        REQUIREMENTS:
        
        SUMMONS on SELLER
        
        CO-DEFENDANT is SELLER
      - So PENDING appeal, no eviction yet
  - - - ACTION MAY BE OPTED INSTEAD OF LIABILITY FOR EVICTION
        He may exercise this right of action, instead of enforcing the vendor's liability for eviction.
        
        SAME IF:
        
        JOINT THINGS SOLD
        a. LUMP SUM or SEPARATE PRICE
        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. (1479a)
      - RETURN w/o ENCUMBRANCES
        AT ACQUISITION :alarm_clock:
        but with the obligation to return the thing
        without other encumbrances that
        those which it had when he acquired it.
    - - d. ESSENTIAL ELEMENTS OF WARRANTY AGAINST EVICTION
        
        e. BUYER'S REMEDIES
        
        f. IMMOVABLE ENCUMBERED WITH NON-APPARENT BURDEN
        
        RESCISSION or DMG for
        IMMOVABLE IF
        EASEMENT/SERVITUDE
        
        HIDDEN
        
        UNMENTIONED IN AGREEMENT
        
        INDUCIVE
        Article 1560.
        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.
        
        REGISTERED BURDEN
        Neither right can be exercised if the non-apparent burden or servitude is recorded in the Registry of Property,
        
        PRESCRIPTION:
        1 YEAR FROM EXECUTION OF DEED
        
        RESCISSION
        
        DAMAGE
        Within one year, to be computed from the execution of the deed, the vendee may bring the action for rescission, or sue for damages.
        
        1 more item...
        
        "FREE FROM ALL
        BURDENS AND ENCUMBRANCES"
        unless there is an express warranty that the thing is free from all burdens and encumbrances.
        
        PRESCRIPTION
        (IMPLIED WARRANTY)
        
        1 YR-EXEC OF DEED :alarm_clock:- IMMOV
        a. 1 YR-DISCOV-IMMO (DMG ONLY)
        
        6 MOs-DELIV - NOT IMMO
        
        40 DAYS-DELIV - ANIMALS
        
        PRESCRIPTION
        (EXPRESS WARRANTY)
        
        4 YR (FROM AGREEMENT?)
        
        4-YEARS FROM(???)
        Article 1389. The action to claim rescission must be commenced within four years.
        
        i. TOTAL EVICTION
        
        ii. PARTIAL EVICTION
        
        PARTIAL-INDUCIVE LOSS -> RESCIND
        Article 1556. 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;
        
        ACTION MAY BE OPTED INSTEAD OF LIABILITY FOR EVICTION
        He may exercise this right of action, instead of enforcing the vendor's liability for eviction.
        
        SAME IF: JOINT THINGS SOLD
        a. LUMP SUM or SEPARATE PRICE
        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. (1479a)
        
        RETURN w/o
        OTHER ENCUMBRANCES
        THAN AT ACQUISITION :alarm_clock:
        but with the obligation to return the thing
        without other encumbrances that [than]
        those which it had when he acquired it.
        
        WARRANTY AGREED OR NOTHING STIPULATED, AND THERE'S EVICTION
        VENDEE HAS RIGHT TO DEMAND:
        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:
        
        RETURN VALUE AT EVICTION
        (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;
        -
        
        INCOME/FRUITS IF ORDERED
        (2) The income or fruits, if he has been ordered to deliver them to the party who won the suit against him;
        
        EVICTION SUIT COST; and
        WARRANTY SUIT COST
        (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;
        
        CONTRACT EXPENSES
        (4) The expenses of the contract, if the vendee has paid them;
        
        DMG, INT, ORNA-EXP
        a. BF
        (5) The damages and interests, and ornamental expenses, if the sale was made in bad faith. (1478)
        
        FJ WHEREBY VENDEE LOSES THING
        -> ENFORCE WARRANTY
        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. (1480)
        
        VENDOR LIABLE FOR:
        
        UNPAID-UNKNOWN TAXES:
        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. (n)
        
        VENDEE-EVICTEE'S RIGHTS
        (VS-CFOT)
        
        VALUE AT EVICTION
        
        SUIT COSTS OF
        a. EVICTION
        b. WARRANTY
        
        DAMAGES/INTERESTS - IF BF
        
        FRUITS - IF ORDERED
        
        UNPAID-UNKNOWN TAX
        
        CONTRACT EXP - IF PAID
        
        RENOUNCED WARR
        
        EVICT PRICE
        
        1 more item...
        
        i. TOTAL or PARTIAL EVICTION OF BUYER
        
        PARTIAL-INDUCIVE LOSS -> RESCIND
        Article 1556. 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;
        
        ACTION MAY BE OPTED INSTEAD OF LIABILITY FOR EVICTION
        He may exercise this right of action, instead of enforcing the vendor's liability for eviction.
        
        SAME IF:
        
        JOINT THINGS SOLD
        a. LUMP SUM or SEPARATE PRICE
        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. (1479a)
        
        RETURN w/o ENCUMBRANCES
        AT ACQUISITION :alarm_clock:
        but with the obligation to return the thing
        without other encumbrances that
        those which it had when he acquired it.
        
        LUMP SUM SALE -> WARRANTS WHOLE
        Article 1631. One who sells for a lump sum the whole of certain rights, rents, or products, shall comply by answering for the legitimacy of the whole in general;
        
        NOT WARRANT EACH PART
        but he shall not be obliged to warrant each of the various parts of which it may be composed,
        
        EXCEPT: EVICTION FROM
        WHOLE or GREATER VALUE
        except in the case of eviction from the whole or the part of greater value. (1532a)
        
        SELLS INHERITANCE PRO INDIVISO
        ONLY ANSWERABLE AS AN HEIR
        Article 1630. One who sells an inheritance without enumerating the things of which it is composed, shall only be answerable for his character as an heir. (1531)
        
        WHOLE OR PART?
        Does "shall only be answerable for his character as an heir" mean that his liability is limited to the share he sold? Or is he still liable for whole?
        
        ii. EVICTED BY FINAL JUDGMENT
        
        FINAL JUDGMENT NECESSARY
        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. (1480)
        
        NO APPEAL REQUIRED TO
        HOLD VENDOR LIABLE FOR EVICTION
        Article 1549. The vendee need not appeal from the decision in order that the vendor may become liable for eviction. (n)
        
        REQUIREMENTS:
        
        SUMMONS on SELLER
        
        CO-DEFENDANT is SELLER
        
        VENDOR NOT LIABLE IF:
        PRESCRIPTION
        
        BEGAN BEFORE SALE
        
        FINISHED AFTER TRANSFER
        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. (n)
        
        iii. JUDGMENT BASED ON RIGHT BEFORE THE SALE OR AN ACT IMPUTABLE TO SELLER
        
        a. PRESCRIPTION
        
        VENDOR NOT LIABLE IF:
        ACQ-PRESCRIPTION
        
        BEGAN BEFORE SALE
        
        FINISHED AFTER TRANSFER
        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. (n)
        
        b. TAXES
        
        VENDOR LIABLE FOR EVICTION IF:
        
        NONPAYMENT OF TAXES
        
        NOT MADE KNOWN TO VENDEE
        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. (n)
        
        iv. SELLER SUMMONED & MADE CO-DEFENDANT
        
        SUMMONS REQUIRED
        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. (1481a)
        
        CO-DEFENDANT
        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. (1482a)
        
        REQUIREMENTS:
        
        SUMMONS on SELLER
        
        CO-DEFENDANT is SELLER
        
        v. WAIVER
        
        PRESUMED:
        VENDOR ANSWERS FOR EVICTION
        X X X
        The vendor shall answer for the eviction even though nothing has been said in the contract on the subject.
        [1548]
        
        VENDOR ONLY PAYS VALUE AT EVICTION! IF:
        
        RENOUNCED WARRANTY
        
        EVICTION SHOULD TAKE PLACE
        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.
        
        BUT IF VENDEE KNEW & ASSUMED RISKS
        VENDOR NOT LIABLE
        Should the vendee have made the waiver with knowledge of the risks of eviction and assumed its consequences, the vendor shall not be liable. (1477)
        
        EXEMPTION FOR ANSWERING
        FOR EVICTION = VOID, IF VENDOR IN BF
        Article 1553. Any stipulation exempting the vendor from the obligation to answer for eviction shall be void, if he acted in bad faith. (1476)
        
        PARTIES MAY
        INCREASE/DIMISH/SUPRESS THIS LEGAL OBLIGATION
        The contracting parties, however, may increase, diminish, or suppress this legal obligation of the vendor. (1475a)
      - IMPLIED WARRANTY:
        Article 1547. In a contract of sale, unless a contrary intention appears, there is:
        
        SELLER'S RIGHT TO SELL :heavy_dollar_sign:
        -AT OWNERSHIP PASSING :alarm_clock:
        
        BUYER MAY LEGAL & PEACE POSSESS :fist:
        -AT OWNERSHIP PASSING :alarm_clock:
        (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;
        
        FREE FROM
        a. FAULTS
        b. DEFECTS
        c. CHARGE
        d. ENCUMBRANCE
        -UNKNOWN TO BUYER
        (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.
        
        EXCEPTIONS:
        
        CONTRARY INTENT
        
        PERSON PROFESSING TO SELL
        This article shall NOT, however, be held to render liable
        a sheriff, auctioneer, mortgagee, pledgee, 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. (n)
- - - - RENOUNCED WARR -> EVICT-PRICE ONLY
        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.
        
        NO LIABILITY IF:
        
        ASSUMPTION OF RISK: (WKA)
        a. WAIVED BY VENDEE
        b. KNEW RISKS
        c. ASSUMED
        Should the vendee have made the waiver with knowledge of the risks of eviction and assumed its consequences, the vendor shall not be liable. (1477)
        
        BF -> VOID -> STILL LIABLE
        Article 1553. Any stipulation exempting the vendor from the obligation to answer for eviction shall be void, if he acted in bad faith. (1476)
        
        VENDOR NOT LIABLE :red_cross:
        
        TRI-ADV POSSESS
        
        ASSUMED RISK
        
        WAIVER INTENCIONADAS
        a. BUYER WAIVED + KNEW DEFECT
        
        VENDOR STILL LIABLE IF: :check:
        
        BF
        
        WAIVER CONSCIENTE
        -BUYER WAIVED + DIDN'T KNOW DEFECT
        
        ONLY EVICTION PRICE IF:
        
        RENOUNCED + GF VENDOR
        
        CONSCIENTE or INTENCIONADAS?
        PRESUME CONSCIENTE :check:
        
        VENDOR NOT LIABLE IF:
        
        PRESCRIPTION BY ADVERSE POSSESSION
        a. BEGAN BEFORE SALE
        b. FINISHED AFTER TRANSFER
        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. (n)
  - - - VENDEE-EVICTEE'S RIGHTS
        (VS-CFOT)
        
        VALUE AT EVICTION
        
        SUIT COSTS OF
        a. EVICTION
        b. WARRANTY
        
        DAMAGES/INTERESTS - IF BF
        
        FRUITS - IF ORDERED
        
        UNPAID-UNKNOWN TAX
        
        CONTRACT EXP - IF PAID
        
        RENOUNCED WARR
        
        EVICT PRICE
        
        NO RIGHTS
        
        TRI-ADV POSSESS
        
        ASSUMED RISK