Part V - Obligations of the Vendee

Question 1

What are the specific obligations of the buyer?

Answer 1

(a) Accept the delivery of the thing
(b) Pay the price certain in money or its equivalent
(c) If the goods have been delivered & the buyer has the right to refuse to accept the goods
(d) Owe interest for the period of the delivery of the thing and the payment of the price

Question 2

What is the rule regarding the time of acceptance and payment of the thing sold?

Answer 2

Generally, acceptance and payment must be done on the time and place stipulated. If there is no stipulation, the payment must be made at the time and place of the delivery of the thing sold.

Question 3

In relation to the obligation of the buyer to accept the delivery of the thing when is it deemed that the buyer accepted the goods?

There are three instances.

Answer 3

(a) He intimates to the seller that he has accepted them.
(b) Goods has been delivered and the buyer does any act of ownership
(c) After lapse of the considerable time, the buyer retains the goods without expressing his rejection

Question 4

With regards to the liability of the seller for breach of any promise or warranty after the buyer’s acceptance, what is the rule?

Answer 4

If there is no express or implied agreement, the acceptance by the buyer does not exempt the seller from his liability for breach of any promise or warranty.

But, if the buyer fails to give notice to the seller about the breach in any promise or warranty within a reasonable time after the buyer knows about the breach, then the seller is not liable.

Question 5

What if the buyer refuses to accept the thing sold without just cause?

Answer 5

The title of the goods will be transferred to the buyer when places on his disposal.

Exception to this is when the seller reserves ownership over the property.

Question 6

In relation to the obligation of the buyer to pay the price certain in money or equivalent, can a buyer suspend payment?

Answer 6

Yes, in two instances:
(a) The buyer is disturbed in the possession or ownership of the thing bought
(b) The buyer has well-grounded fear that he will be disturbed by vindicatory action or foreclosure of mortgage

The buyer may suspend payment until the seller has caused the disturbance or danger to cease, unless there are stipulations to the contrary.

Mere act of trespass shall not authorize the suspension of the payment.

Question 7

What are the specific obligations of the buyer regarding his obligation under the goods have been delivered & the buyer has the right to refuse to accept the goods?

Answer 7

If the buyer refuses the goods, he must:
(a) Notify the seller of his refusal
(b) Take care of the goods
(c) Be liable as a depositary if he voluntarily constitutes to be a depositary

Question 8

In what instances does the buyer owe interest for the period between the delivery of the thing and the payment of the price?

Answer 8

(a) Should it have been stipulated
(b) Should the thing sold and delivered produce fruits or income
(c) Should the buyer be in default, from the time of judicial or extrajudicial demand for the payment of the price