The seller’s action for a price supplement, and the purchaser’s action for a price reduction or termination of the contract, must be brought within one year from the date of the contract, failing which they will lapse. .
If two pieces of land have been sold by the same contract, and for one and the same price, with a designation of the measure of each, and there is less capacity in one and more in the other, compensation is made to the extent of due proportion; and the action, either in supplement or in diminution of the price, takes place only according to the rules above established.
The question of whether the loss or deterioration of the thing sold before delivery should fall on the seller or the purchaser shall be judged according to the rules prescribed under the heading “Contracts or contractual obligations in general.”
The warranty that the seller owes to the purchaser has two objects: the first is the peaceful possession of the thing sold; the second, the latent defects of that thing or redhibitory defects.
Even though at the time of the sale no stipulation has been made as to the guarantee, the seller is obliged by law to guarantee the purchaser against the eviction he suffers in whole or in part from the object sold, or from the charges alleged on that object, and not declared at the time of the sale.
The parties may, by special agreements, add to or diminish the effect of this legal obligation; they may even agree that the seller shall not be subject to any warranty.
Although it is said that the seller will not be subject to any guarantee, he nevertheless remains liable for that which results from an event which is personal to him: any agreement to the contrary is null and void.
In the same case of a stipulation of non-warranty, the seller, in the event of eviction, is liable to repay the price, unless the purchaser knew at the time of the sale of the danger of eviction or bought at his own risk.
Where the guarantee has been promised, or where nothing has been stipulated on the subject, if the purchaser is evicted, he is entitled to claim against the seller: 1° The restitution of the price; 2° That of the fruits, when he is obliged to return them to the owner who evicts him; 3° The costs made on the buyer’s claim in warranty, and those made by the original claimant; 4°…
Where, at the time of the eviction, the thing sold is diminished in value, or considerably deteriorated, either by the negligence of the buyer, or by accidents of force majeure, the seller is no less obliged to return the full price.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
