Chapter IV: The seller's obligations

But if the purchaser has made a profit from the damage done by him, the seller is entitled to withhold from the price a sum equal to that profit.

If the thing sold is found to have increased in price at the time of the eviction, independently even of the act of the purchaser, the seller is obliged to pay him what it is worth above the sale price.

The seller is obliged to reimburse the purchaser, or have the purchaser reimburse the seller, for all useful repairs and improvements made to the land.

If the seller had sold someone else’s land in bad faith, he will be obliged to reimburse the purchaser for any expenses, even voluptuary or pleasure expenses, that the purchaser has incurred on the land.

If the purchaser is evicted only from a part of the thing, and it is of such consequence, in relation to the whole, that the purchaser would not have bought without the part from which he has been evicted, he may have the sale rescinded.

If, in the case of the eviction of part of the business sold, the sale is not terminated, the value of the part of the business from which the purchaser is evicted shall be reimbursed to him according to the valuation at the time of the eviction, and not in proportion to the total price of the sale, whether the thing sold has increased or decreased in value.

If the inheritance sold is encumbered, without any declaration having been made, by servitudes that are not apparent, and that are of such importance that there is reason to presume that the purchaser would not have bought had he been informed of them, he may ask for the contract to be rescinded, if better he does not like to settle for compensation.

The other questions to which damages resulting for the purchaser from the non-performance of the sale may give rise must be decided in accordance with the general rules laid down in the title “Of contracts or contractual obligations in general”.

The guarantee on the grounds of eviction ceases when the purchaser has allowed himself to be condemned by a judgment of last resort, or whose appeal is no longer admissible, without calling his seller, if the latter proves that there were sufficient means to have the claim dismissed.