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to presume that the purchaser would not have bought had he been informed of them, he may ask for the contract to be rescinded, if better he does not like to settle for compensation.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.
The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them.
The seller is not liable for defects that are apparent and of which the buyer has been able to convince himself.
The seller of a building to be constructed may not be relieved, either before acceptance of the work or before the expiry of a period of one month after the purchaser takes possession, of construction defects or defects in conformity that are then apparent. There will be no grounds for rescinding the contract or reducing the price if the seller undertakes to repair.
He is liable for latent defects, even if he did not know of them, unless, in that case, he has stipulated that he will not be obliged to provide any guarantee.
In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned.
If the seller knew of the defects in the thing, he is liable, in addition to restitution of the price he received for it, to the buyer for all damages.
If the seller was unaware of the defects in the thing, he will only be liable to make restitution of the price, and to reimburse the purchaser for the costs occasioned by the sale.
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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
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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
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