Civil Code > TITLE XVIII CONTRACTS RELATING TO IMMOVABLE 1

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TITLE XVIII CONTRACTS RELATING TO IMMOVABLE

Chapter 1. Sale of Immovable

Art. 2875 – Principle.

Without prejudice to the provisions of the following Articles, the provisions of the Title of this Code regarding “Contracts relating to the assignment of rights” shall apply to the sale of immovables.

Art. 2876 – Work and labour relating to immovables and sale.

A contract whereby one of the parties undertakes to deliver to the other party a house, a flat or another building which does not yet exist, is a contract of work and labour relating to immovables and not a contract of sale.

Art. 2877 – Form of contract.

A contract of sale of an immovable shall be of no effect unless it is made in writing.

Art. 2878 – Registration in registers of immovable property.

The sale of an immovable shall not affect third parties unless it has been registered in the registers of immovable property in the place where the immovable sold is situate.

Art. 2879 – Cooperation of seller.

(1) The seller shall furnish to the buyer all the documents necessary to enable the buyer to cause the transfer of the immovable to be registered in the registers of immovable property.

(2) Such obligation shall be deemed to be an essential stipulation of the contract of sale.

Art. 2880 – Seller to declare certain rights.

(1) The seller shall declare to the buyer the rights which third parties have on the immovable sold where such rights may be set up against the buyer independently of a registration in the registers of immovable property.

(2) The contract may compel the seller to declare to the buyer the rights which third parties have on the immovable notwithstanding that such rights are entered in the registers of immovable property.

Art. 2881 – Registered rights and burdens. – 1. Principle.

The buyer shall be deemed to know al the rights and burdens affecting the immovable which have been registered in the registers of immovable property in the place where the immovable is situate.

Art. 2882 – 2. Express warranty by seller.

(1) In respect of the rights mentioned in Art. 2881, the buyer may not avail himself of the provisions concerning the warranty against eviction, unless the seller has warranted that such rights did not exist.

(2) Such warranty may only result from an express provision in the contract of sale.

Art. 2883 – 3. Mortgage and antichresis.

The buyer may avail himself of the provisions concerning the warranty against eviction where the immovable is attached and sold at the request of a creditor who has a mortgage or an antichresis.

Art. 2884 – Sale of immovable belonging to others.

(1) The provisions concerning the warranty against eviction shall apply where the sale relates to an immovable which, in whole or in part, did not belong to the seller.

(2) The buyer may avail himself of the provisions relating to the warranty against eviction without waiting until he has been evicted.

(3) He may not avail himself of such provisions where, at the time when the court is to make its decision, such eviction is no longer to be feared.

Art. 2885 – Right of recovery.

Unless otherwise expressly agreed, the seller shall not be liable in damages to the buyer where the latter is evicted by a person who avails himself of a legal right of recovery on the immovable sold.

Art. 2886 – Liability of seller.

In case of total or partial eviction of the buyer, the seller shall refund to the latter, in addition to the price and the expenses of the contract, all the expenses incurred by him in altering the immovable.

Art. 2887 – Lesion.

A sale of an immovable may not be rescinded by the buyer or the seller on the ground of lesion.

Art. 2888 – Warranty of area. – 1. Principle.

The seller shall guarantee the area of the immovable sold where such area has been indicated in the contract.

Art. 2889 – 2. Rights of buyer.

(1) Where the true area is smaller than that which has been indicated, the buyer may require that the price be reduced accordingly.

(2) He may require the rescission of the contract where the true area is smaller by at least one-tenth than that which has been indicated or where it renders thae immovable unsuitable for the use which the buyer intended to make of it and such use was known to the seller.

Art. 2890 – 3. Conditions and time.

The action of the buyer based on the warranty of area shall be subject to the same conditions and be instituted within the same time as an action based on the warranty against defects.

Art. 2891 – 4. Rights of seller.

(1) The seller may not require an increase of price where the true area is larger than that indicated in the contract.

(2) The provisions of sub-art. (1) shall not apply where the error of the seller is due to fraud on the part of the buyer.

Art. 2892 – Compulsory execution of contract.

(1) The buyer of an immovable shall be deemed to have a particular interest in the specific performance of the contract.

(2) He may accordingly demand such execution.

(3) The buyer shall lose the right to demand the specific performance of the contract where he fails to demand it within one year after he has ascertained the delay of the seller.

Art. 2893 – Sale with right of redemption.

(1) The seller may, in the contract of sale, reserve to himself the right to purchase the immovable from the buyer during a certain period.

(2) The provisions of the Title of this Code relating to “Joint ownership, usufruct and other rights in rem” concerning the promise of sale shall apply to such stipulation (Art. 1410-1425).

Art. 2894 – Reference.

Those provisions in the Title of this Code regarding “Contracts relating to the assignment of rights” which apply to contracts of barter, assignment of rights other than property and hire-purchase shall apply to contracts relating to immovables.

Art. 2895 – Registration in the case of hire-purchases.

In the case of a hire-purchase, the hire-purchaser may register in the registers of immovable property in the place where the immovable is situate the right of contractual pre-emption resulting from the contract.

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