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Sales 7 - Conditions, Warranties, Implied Warranty of Title Based on textbook
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Sales 7 - Conditions, Warranties, Implied Warranty of Title Based on textbook
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Sales 7 - Conditions, Warranties, ImpliedWarranty of Title Based on textbook
1. Ask for rescission and damages within 1 year from the execution of the deed
2. If more than 1 year from the date of execution of the deed, but within 1 year from the
date of discovery → B can claim damages - ✔✔What are the buyer's remedies in
case of a non-apparent burden?
1. Consciente/simple (1554)
B waives the warranty without knowledge and assumption of the risks of eviction.
S shall only pay the value of the thing sold at the time of eviction.
2. Intencionada (1554)
B waives with knowledge of risks of eviction and assumes the consequences
Seller is not liable unless he acted in bad faith. - ✔✔What are the 2 types of waiver of
the warranty against eviction?
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1. The buyer is deprived of the thing in whole or in part of the thing sold (Art. 1548)
2. The deprivation by virtue of a final judgment (Art. 1557)
3. Judgement is based on a right before the sale or an act imputable to the seller (Art.
1548)
4. Seller is summoned and made a co-defendant in the suit (1558, 1559)
5. There is no waiver by the buyer. - ✔✔What elements must be present for the seller
to be liable for breach of the warranty of title?
1. The immovable is encumbered by a non-apparent burden
2. Buyer is not aware of the encumbrance - Not stated in the agreement and is not
recorded in the Registry of Property
, 3. Encumbrance is of such a nature that the buyer would not have acquired the
property had he been aware of the encumbrance - ✔✔What are the requisites for Art.
1560 to apply (non-apparent burden)?
1. There is an affirmation of fact or promise made by the S in relation to the thing sold
2. The natural tendency of such affirmation or promise is to induce the buyer to buy
3. The buyer purchases the thing relying on such affirmation or promise. - ✔✔What
are the elements of an express warranty?
1) "As is where is" sale
2) Sale of second-hand articles as there is no warranty as to condition, fitness, or
suitability for a particular purpose. However, second-hand articles may be sold under
circumstances as to raise an implied warranty
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3) Sale by virtue of law or judicial authority as there is no warranty of title. - ✔✔In what
situations are implied warranties not applicable?
1) Implied warranty of title
2) Implied warranty against hidden defects or unknown encumbrance
3) Implied warranty on fitness and merchantability - ✔✔What are the implied
warranties under the Civil Code?
1) Relating to the K itself.
E.g. a warranty that the K is valid and binding
2) Relating to the subject matter of the K
E.g. A warranty that thing subject of the sale is free from liens and encumbrances
3) Relating to the parties
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