2nd hand goods auctions Art. 1548.

Eviction shall take place whenever by a final judgment based on a right prior to the sale or an act imputable to the vendor, the vendee is deprived of the whole or of a part of the thing purchased. The vendor shall answer for the eviction even though nothing has been said in the contract on the subject. The contracting parties, however, may increase, diminish, or suppress this legal obligation of the vendor. (1475a) eviction may be defined as the judicial process whereby the vendee is deprived of the whole or part of the thing purchased by virtue of a final judgment based on a right prior to the sale or an act imputable to the vendor. Elements of the warranty against eviction 1. the vendee is deprived in whole or in part of the thing purchased 2. he is so deprived by virtue of a final judgment 3.the judgment is based on a right prior to the sale or an act imputable to the vendor 4. vendor wqas summoned in the suit for eviction at the instance of the vendee 5. there is no waiver on the part of the vendee. *in the absence of any of thse requisites, a breach of warranty agaisnt eviction under article 1547 cannot be declared. vendor's liability is waivable -warranty is not an essential element of a contract of sale and may, therefore, be increased, diminished, or suppresed by an agreement of the parties. however, any stipulation exempting the vendor from the obligation to answer for eviction shall be void if he acted in bad faith.