Real Estate Sales Contracts: Eviction, Defects, and Resolutions

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 litigation costs related to the eviction.
• Reimbursement for contract expenses.
• Damages and costs if the seller acted in bad faith.

In cases of partial eviction, the buyer may demand contract termination. Judicial sales may have different eviction rules. The action duration is 15 years.

Place and Quality of Real Estate (1469-1472)

If the property has less space than agreed upon, the buyer can choose between a proportional price reduction or contract termination, with a 10% limit for reductions. Conversely, if the property is larger than agreed upon (exceeding 20%), the buyer can choose to pay the difference or terminate the contract.

Standard Price

For lump-sum purchases (1471), the price remains fixed regardless of the actual size. If two or more properties are sold under a single price, boundaries must be clearly described. A six-month action period applies.

Sale of Livestock (1491-1499)

For animals with hidden defects, a rescission action is possible within 40 days of delivery, provided:

• The animal has a defect.
• The defect creates liability under law or local custom.
• The purchase was not at a fair or auction.

Extinction of Purchase Contracts

General Causes:

• Nullity and termination by mutual agreement.
• Legal action for resolution.
• Unilateral withdrawal.
• Loss of the pre-contract property.

Specific Causes:

• Hidden charges.
• Total or partial eviction.
• Hidden defects.
• Discrepancies in property quality or size.

Seller resolutions are outlined in articles 1503-1505. Pre-emptive rights (conventional and legal) are covered under articles 1300, 1255, 1124, 1182, 1483, 1479, 1486, and 1469.