Summary of Conditions and Warranties and Obligations of Vendee

Summary of Conditions and Warranties and Obligations of Vendee
Conditions and warranties, under the law on sales, pertain to circumstances needed to
be complied with in order for a contract of sale to be perfected, hence, non-compliance
with the conditions and/or warranties allow a party to refuse to proceed with the sale.
However conditions and warranties are not similar and the same, conditions refer to a
happening of an event that will render a contract of sale demandable. Wherein
warranties contemplate the characteristics of an object in a contract of sale. The law also
provides that in a contract of sale there exist an implied warranty unless a contrary is
provided. Implied warranty is the seller’s right to sell the property and that the same is
free from any encumbrance or defects.
Subsection 1 and 2 of Conditions and Warranties are in connection with implied
warranty of the right to sell the object in a contract of sale and that the same is free from
any encumbrance or defects. Subsections 1 provides that in a case the vendor has
defects in his right to sell, he shall answer for the eviction although the vendee may
waive his right to warranty in case of eviction in which would oblige the vendor to pay
the value of the thing sold. If the vendee, however, in waiving his right to warranty, is
with knowledge of the risks of eviction, the vendor shall not be liable.
Subsection 2 provides that if the vendee is not aware of the defects in the thing sold, the
vendor shall be liable for warranty against hidden defects. The law provides that the
vendee may withdraw from the sale or demand a reduced price of the thing sold and
pray for damages as the case maybe. The vendor shall also bear the loss if the thing was
lost due to the hidden defects, if however, the thing sold was lost due to fortuitous
event or fault of the vendee, the vendor is liable only for the price paid by the vendee
and less the value of the thing lost.
In relation with sale of animals, if one or some of them is with defect at the time of sale,
the redhibitory defect shall only apply to the animal with defect. The law is clear that
sale of animals suffering from a contagious disease is void. If the hidden defect is still
undiscovered even with the attendance of a professional such defect shall be considered
as redhibitory and should the animal succumb from the disease that existed during the
time of contract, the vendor shall be liable. Should the sale be rescinded, the animal
shall be returned to the vendor and the vendee, due to his negligence or fault, is
answerable to any injury inflicted upon the animal.
Chapter 5 of the Law on Sales pertains the obligations of the vendee. The law states that
the vendee is bound to accept delivery and to pay the price of the thing at the time and
place stipulated in the contract, however the buyer is not bound to accept the delivery
of the thing sold by installments, the thing is not deemed deliver unless the vendee has
examined the same ascertaining whether they are in conformity with the contract. The
buyer is deemed to have accepted the goods when he intimate to the seller that he has
accepted them.
Should the vendee fails to give notice to the seller, after acceptance of the thing, any
breach in any promise of warranty within a reasonable time, the seller shall not be liable
therefor. The buyer who refuses to accept the goods delivered, having the right so to do,
he is not bound to return them to the seller however he should notify the seller of such
refusal. If the buyer refuses to accept the goods upon delivery without just cause, the
title thereto passes to him from the moment they are placed at his disposal.
The vendee shall also ow interest for the period between the delivery of the thing and
the payment of the price if it have been stipulated, the thing produced fruits or income
or he be in default, from the time of judicial or extrajudicial demand for payment.
Should the vendee be disturbed in the possession or ownership of the thing, he may
suspend the payment of the price until the vendor has caused the disturbance or danger
to cease, the vendor may return the price in a proper case. That in case the vendor have
reasonable grounds to fear the loss of immovable property sold and its price, he may
immediately rescind the contract of sale. 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, so long as no demand for rescission of the contract has
been made upon him.
With regard to the sale of movable property, the rescission shall of right take place in
the interest of the vendor, if the vendee, upon the expiration of the period fixed for the
delivery of the thing, should not have appeared to receive it, or having appeared, he
should not have tendered the price at the same time unless a longer period has been
stipulated for its payment.

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