Section 2: Rescission of the sale on the ground of lesion.

If the seller has been harmed by more than seven twelfths in the price of an immovable, he has the right to apply for rescission of the sale, even if he had expressly waived the right to apply for such rescission in the contract, and had declared that he was giving the added value.

To determine whether there is lesion of more than seven twelfths, the property must be valued according to its condition and value at the time of the sale. In the case of a unilateral promise to sell, lesion is assessed on the day of completion.

The claim is no longer admissible after the expiry of two years from the day of the sale. This period runs and is not suspended for the duration of the time stipulated for the pact of redemption.

Proof of injury may be admitted only by judgment, and only in cases where the facts asserted are sufficiently likely and serious enough to give rise to a presumption of injury.

Such proof may be made only by a report of three experts, who shall be required to draw up a single joint report, and to form a single opinion by a plurality of votes.

If there are differing opinions, the minutes will contain the reasons for them, without it being permitted to state which opinion each expert was of.

The three experts will be appointed ex officio, unless the parties have agreed to appoint all three jointly.

In the event that the action for rescission is admitted, the purchaser has the choice either to return the thing by withdrawing the price he has paid for it, or to keep the land by paying the supplement to the fair price, subject to the deduction of one tenth of the total price. The third party possessor has the same right, except for his warranty against his seller.

If the purchaser prefers to keep the thing by providing the supplement regulated by the preceding article, he owes interest on the supplement, from the day of the demand for rescission. If he prefers to return it and receive the price, he returns the fruits from the day of the demand. Interest on the price he has paid is also counted to him from the day of the same demand,…

Rescission for lesion does not take place in favour of the buyer.