Subsection 1 – Warranty in Case of Eviction

Art. 1548. Requisites: final judgment, purchaser deprived whole or part of the thing sold,
judgment based on a right prior to the sale made by vendor, vendor summoned and
made co-defendant, no waiver on the part of the vendee

Art. 1549. Vendee need not appeal to make vendor liable for eviction

Art. 1550. Adverse possession commenced before sale but prescriptive period
completed after sale, vendor not liable for eviction

Art. 1551. Nonpayment of taxes not made known to the vendee, vendor liable for
eviction.

Art. 1552. Judgment debto liable for eviction in judicial sales, unless it is otherwise
decreed in the judgement

Art. 1553. Stipulation exempting vendor from obligation to answer eviction shall be void,
if he acted in bad faith.

Art. 1554. Waiver consciente: waiver made by vendee w/o knowledge of the risk of
eviction, vendor shall pay the value of the thing sold had at the time of eviction; Waiver
intencionada: waiver is made by vendee with knowledge of the risk of eviction, vendor
not liable.

Art. 1555. When warranty has been agreed upon or nothing has been stipulated,
vendee can demand of the vendor: (1) return of the value of the thing sold had at the
time of eviction, (2) income or fruits if ordered to deliver to the party who won against
him, (3) cost of suit, (4) expenses of contract if paid by vendee, damages and interests
and ornamental expenses if sale was made in bad faith

Art. 1556. Partial eviction, remedy is rescission or enforcement if vendor’s liability for
eviction; bought in whole, lump sum

Art. 1557. There is no warranty if there is no final judgment where vendee loses the
thing or part of thereof

Art. 1558. Vendor not liable for eviction is he is not summoned in the suit for eviction at
the instance of the vendee

Art. 1559. The vendee shall ask that the vendor be made co-defendant within time fixed
by Rules of Court for answering the complaint

Art. 1560. Requisites for Warranty against Non-apparent Burden or Servitude: (1)
immovable sold should be encumbered with any non-apparent burden or servitude not
mentioned in the agreement, (2) nature of non-apparent burden or servitude is
presumed that vendee would not have acquired it had he been aware thereof; Remedy:
rescission or indemnity, neither if recorded in the Registry of Deeds unless there is
express warranty that free from all burdens and encumbrances; Period: rescission if
within one year, damages if one year elapsed (counted from the date burden or
servitude is discovered by him)