sales – buyer and seller obligations Flashcards
seller obligations
what are the seller’s basic obligations to the buyer
- deliver the thing
- warrant the thing against redhibitory defects, eviction, and the thing is reasonably fit for its ordinary or intended use
seller’s obligations
when must delivery be made
at a place where the thing is located at the time of sale
seller’s obligations
what must the seller adhere to for delivering movables
seller must deliver conforming goods of the agreed upon kind, quality, and quantity
seller’s obligations
what is the buyer’s right to inspect
the buyer cna determine whether the seller has furnished conforming goods; must be done within a reasonable amount of time
seller’s obligations
what happens if the buyer accepts nonconforming goods
he may not later reject them, unless he accepted them with the reasonable belief that the nonconformity would be cured
seller’s obligations
when is the seller entitled to cure a nonconforming good
- the time for performance has not yet expired; or
- the seller reasonably believed the nonconforming goods would be acceptable to the buyer
seller’s obligations
what is the warranty against eviction generally
the seller warrants the buyer against eviction and eviction is the buyer’s loss of, or danger of losing, the whole or part of the thing sold because of a third party’s right that existed at the time of the sale
seller’s obligations
when has the buyer lost possession of the thing sold
a judgment is rendered in favor of a third party with superior rights in the thing
seller’s obligations
when is the buyer in danger of losing the thing sold
the buyer has not yet lost physical control over the thing; buyer must prove to a legal certainty that a third party has perfect title and the vendor has no title
seller’s obligations
when does the warranty against eviction apply
implied in every sale, but can be modified or excluded. the seller remains liable for her own actions.
seller’s obligations
what does the warranty against eviction cover
generally covers those rights that were in existence at the time of the sale
seller’s obligations
what is a partial eviction under the warranty against eviction
evicted from some of the property or some of the ownership rights (covers encumbrances – servitudes that are nonapparent, not declared by the seller, conventional; but does not cover legal or natural)
seller’s obligations
what is the recovery sought for partial eviction
had he not still bought thte thing without the part evicted from: rescission; otherwise, diminution
seller’s obligations
what additional recovery is available to the buyer under the warranty against eviction
- damages sustained because of the eviction
- value of any fruits he had to reutnr to the third person who evicted him
- improvements
seller’s obligations
when are attorneys fees allowed for a breach of the warranty against eviction
only when agreed upon
seller’s obligations
how can the parties modify the warranty against eviction
they can agree to limit or exclude the warranty against eviction
seller’s obligations
what impacts the extent of the buyer’s recovery under the warranty against eviction
- the parties’ agreement
- the buyer’s knowledge of the danger of eviction
seller’s obligations
what is a warranty sale under the warranty against eviction
default; buyer gets all remedies unless he had actual knowledge of the eviction, in which case he only gets price + interest (no damages)
seller’s obligations
what is a non-warranty sale under the warranty against eviction
a sale where the warranty is excluded, but the buyer has no knowledge of eviction. the buyer gets price and interest only (no damages)
seller’s obligations
what is a sale at buyer’s peril and risk under the warranty against eviction
- buyer is clearly aware of the danger (and it’s a NWS)
- buyer declares that he is buying at his own peril and risk
- the seller’s obligation to return the price is expressly excluded
THE BUYER GETS NOTHING!
buyer’s obligations
what are the buyer’s obligations generally to the seller
- pay the price
- accept delivery of the thing
buyer’s obligations
what is the seller’s option of a resale
in sale of a movable, a seller has the right to resell things still in his possession within a reasonable time and in good faith. the seller must provide reasonable notice of the sale (unless things are perishable/subject to rapid decline)
seller can recover the difference in contract price and what the movables are actually sold for
