The Vendor Shall Answer For The Eviction Even Though Nothing Has Been Said in The Contract On The Subject
The Vendor Shall Answer For The Eviction Even Though Nothing Has Been Said in The Contract On The Subject
The Vendor Shall Answer For The Eviction Even Though Nothing Has Been Said in The Contract On The Subject
Should the Vendee decide to push through with the sale, he may still tender
payment. The claim of the Vendor that she is no longer bound to sell the properties is
without merit. The email sent by her counsel is insufficient to extinguish the sale. As the
law clearly provides, a demand for rescission must be made either judicially or by notarial
act.
It can be inferred from the email sent by Ms. Gomez through her counsel that she wishes
to rescind the contract of sale.
Art. 1592. In the sale of immovable property, even though it may have been
stipulated that upon failure to pay the price at the time agreed upon the
rescission of the contract shall of right take place, the vendee may pay,
even after the expiration of the period, as long as no demand for
rescission of the contract has been made upon him either judicially or by
a notarial act. After the demand, the court may not grant him a new term.
(1504a)
3. EVICTION. In the event of eviction of the Vendee, he can hold the Vendor liable for the
same. In the documents presented, no such express renunciation of the warranty in case of
eviction has been made. Not only that, there was, and is, no knowledge on the part of the
Vendee of any risk of eviction, corollarily, no such assumption of its supposed consequences
has been made.
Art. 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 of 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.
Art. 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. (1477)