Real Estate Sales Contracts: Eviction, Defects, and Resolutions
Classified in Philosophy and ethics
Written at on English with a size of 2.62 KB.
Sanitation Eviction (1461, 1474)
The seller is liable for eviction (deprivation of the property based on a prior right). This occurs when the buyer is deprived of ownership because a third party demonstrates a superior, pre-existing right to the property.
Requirements:
- The buyer must experience demonstrable harm and final, irreversible deprivation.
- The deprivation must be based on a right established before the purchase.
- The eviction must be irreversible, judicially enforced, and total or partial (1475-1480).
- The seller must be notified of the eviction lawsuit within the legal timeframe. Eviction liability is presumed (1478).
Effects:
- Refund of the price at the time of eviction.
- Payment of proceeds or revenue, if awarded in court.
- Reimbursement for