A case study on the seller's liability for hidden defects and peaceful possession under the Civil Code.
Extract
[...] Can the buyers rely on the eviction guarantee in case of a subsequent claim by a third party on a part of the sold property/land? In law, Article 1625 of the Civil Code provides that the seller is required to guarantee to the buyer the peaceful possession of the sold thing, in the following terms: 'The guarantee that the seller must provide to the buyerthe buyer has two objects: the first is the peaceful possession of the sold thing; the second, the hidden defects of this thing or the redhibitory vices. [...]
[...] The conditions of the legal guarantee are:gale d'eviction are met. The buyers are therefore entitled to act against the seller to obtain a reduction in the sale price, or even damages and interest.ts. Case 3 In 2023, a seller proposed the sale of a parking space through a professional. A buyer committed on October 28 by signing a synallagmatic promise of sale, with an agreement on the price. However, the parties specified that the reiteration by authentic deed before a notary was a condition of their definitive commitment. [...]
[...] The seller wishes to sue the buyer for eviction.acqudefaulting on payment of the price. Can a seller obtain payment of the price when the parties have signed a synallagmatic promise of sale, but the sale has not been reiterated by authentic deed, a condition expressly stated as a prerequisite to the definitive commitment? In law, a synallagmatic promise of sale, or sale agreement, is worth a sale ofisIn this case, when there is an agreement on the thing and the price, and engages in principle both parties to pass the definitive act. [...]
[...] Therefore, the seller cannot obtain payment of the price nor invoke the forced execution of the sale. Their action has little chance of successisas long as the condition is not met. [...]
[...] It is therefore a deliberate behavior aimed at preventingto look for'buyer to notice the defects at the time of sale. Or, although the contract contains a clause excluding liability, this is not applicable to theacquiredefendant due to the characterisintentional concealment. Knowledge of the vice by the seller is sufficient to exclude the exoneration effect of the clause. DisIn this case, the seller remains liable on the basis of the guarantee of latent defects, pursuant to Article 1641 of the Civil Code. [...]
