CHAPTER 7. OF THE OBLIGATIONS OF THE SELLER Art. 2474. Construction of ambiguities respecting obligations of seller The seller must clearly express the extent of his obligations arising from the contract, and any obscurity or ambiguity in that expression must be interpreted against the seller. Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
Art. 2475. Seller’s obligations of delivery and warranty. The seller is bound to deliver the thing sold and to warrant to the buyer ownership and peaceful possession of, and the absence of hidden defects in, that thing. The seller also warrants that the thing sold is fit for its intended use. Acts 1993, No. 841, […]
Art. 2476. [Reserved]
Art. 2477. Methods of making delivery Delivery of an immovable is deemed to take place upon execution of the writing that transfers its ownership. Delivery of a movable takes place by handing it over to the buyer. If the parties so intend delivery may take place in another manner, such as by the seller’s handing […]
Art. 2478. [Reserved]
Art. 2479. [Reserved]
Art. 2480. Retention of possession by seller, presumption of simulation When the thing sold remains in the corporeal possession of the seller the sale is presumed to be a simulation, and, where the interest of heirs and creditors of the seller is concerned, the parties must show that their contract is not a simulation. Acts […]
Art. 2481. Incorporeals, method of making delivery Delivery of incorporeal movable things incorporated into an instrument, such as stocks and bonds, takes place by negotiating such instrument to the buyer. Delivery of other incorporeal movables, such as credit rights, takes place upon the transfer of those movables. Acts 1993, No. 841, §1, eff. Jan. 1, […]
Art. 2482. Things not in possession of seller When at the time of the sale the seller is not in possession of the thing sold he must obtain possession at his cost and deliver the thing to the buyer. Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
Art. 2483. Costs of delivery and of removal The cost of making delivery is borne by the seller and that of taking delivery by the buyer, in the absence of agreement to the contrary. Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
Art. 2484. Place of delivery Delivery must be made at the place agreed upon by the parties or intended by them. In the absence of such agreement or intent, delivery must be made at the place where the thing is located at the time of the sale. Acts 1993, No. 841, §1, eff. Jan. 1, […]
Art. 2485. Buyer’s rights upon default, damages When the seller fails to deliver or to make timely delivery of the thing sold, the buyer may demand specific performance of the obligation of the seller to deliver, or may seek dissolution of the sale. In either case, and also when the seller has made a late […]
Art. 2486. [Reserved]
Art. 2487. Delivery excused until payment of price and for insolvency The seller may refuse to deliver the thing sold until the buyer tenders payment of the price, unless the seller has granted the buyer a term for such payment. Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
Art. 2488. [Reserved]
Art. 2489. Condition of thing at time of delivery The seller must deliver the thing sold in the condition that, at the time of the sale, the parties expected, or should have expected, the thing to be in at the time of delivery, according to its nature. Acts 1993, No. 841, §1, eff. Jan. 1, […]
Art. 2490. [Reserved]
Art. 2491. Immovables, extent of delivery The seller must deliver to the buyer the full extent of the immovable sold. That obligation may be modified in accordance with the provisions of the following Articles. Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
Art. 2492. Sale of immovables at a price per measure If the sale of an immovable has been made with indication of the extent of the premises at the rate of so much per measure, but the seller is unable to deliver the full extent specified in the contract, the price must be proportionately reduced. […]
Art. 2493. [Reserved]
