There are two essential obligations of the seller, the delivery of the thing and the sanitation. However, within the obligation of sanitation is understood the sanitation by eviction and sanitation for hidden defects, which is nothing other than to answer for the legal and peaceful possession of the thing, and for the hidden vices or defects that it may have.

Article 1,474 of the Civil Code provides that “By virtue of the sanitation referred to in article 1,461, the seller will respond to the buyer: 1º Of the legal and peaceful possession of the thing sold (Eviction). 2º Of the hidden vices or defects that it may have”.

EVICTION RECOVERY

Eviction will occur when, by final judgment and by virtue of a right prior to the purchase, the buyer is deprived of all or part of the object of the contract.

When the total eviction occurs, the buyer may demand from the seller: the price at the time of the eviction, the fruits of the same, the costs of the lawsuit, the contract expenses, the damages caused and the general interest.

If the eviction is partial, the importance of the lost part in relation to the whole will be considered to determine the scope of the seller’s responsibility.

In cases of sale of farms with any charge or easement not mentioned or apparent, the buyer may request the termination of the contract.

If the property sold was encumbered, without mentioning it in the deed, with any charge or easement that is not apparent, of such a nature that it must be presumed that the buyer would not have acquired it if he had known about it, he may request the termination of the contract, unless he prefers the corresponding compensation. During one year, counting from the granting of the deed, the buyer may exercise the rescission action, or request compensation. After the year has elapsed, you can only claim compensation within an equal period, counting from the day you discovered the cargo or easement.

It is possible to waive this right, which the buyer has if the contrary is not stated in the deed of sale, but this agreement will not be valid when there is bad faith on the part of the seller.

Regarding the duration of liability for eviction, the Civil Code regime does not establish any specific term, so it will be necessary to comply with the provisions of article 1,964 CC for personal actions that do not have a special term indicated.

Consequently, the liability will prescribe five years from the date that compliance with the obligation could be demanded.

Examples.

Sale of a property where there is a firm Judgment that claims the property or the right over it.

HIDDEN VICE

Hidden defects are defects in things that cannot be detected at the time of the sale. In law, the concept is used to designate those damages that give the right to claim the repair of the property or the termination of the contract.

Although hidden defects generally apply to sales contracts, they could also occur in rental contracts.

The hidden defect will not make the thing on which it weighs useless, since otherwise we would be facing another type of damage and we would have to claim through other actions.

In order to claim for hidden defects, the damage must be prior to the sale, the damage must be serious, the damage must be hidden.

For the seller, it must be proven that with professional experience it can be demonstrated and for the buyer he could not detect it at the time, all of this, with professional experience.