Louisiana Civil Code

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CHAPTER 7 - OF THE OBLIGATIONS OF THE SELLER

Art. 2474. 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. 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, §1, eff. Jan. 1, 1995]

Art. 2476. [Reserved]

Art. 2477. 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 over to the buyer the key to the place where the thing is stored, or by negotiating to him a document of title to the thing, or even by the mere consent of the parties if the thing sold cannot be transported at the time of the sale or if the buyer already has the thing at that time. [Acts 1993, No. 841, §1, eff. Jan. 1, 1995]

Arts. 2478-2479. [Reserved]

Art. 2480. 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 1993, No. 841, §1, eff. Jan. 1, 1995]

Art. 2481. 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, 1995]

Art. 2482. 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. 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. 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, 1995]

Art. 2485. 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 delivery, the buyer may seek damages. [Acts 1993, No. 841, §1, eff. Jan. 1, 1995]

Art. 2486. [Reserved]

Art. 2487. 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. 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, 1995]

Art. 2490. [Reserved]

Art. 2491. 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. 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.

If the extent delivered by the seller is greater than that specified in the contract, the buyer must pay to the seller a proportionate supplement of the price. The buyer may recede from the sale when the actual extent of the immovable sold exceeds by more than one twentieth the extent specified in the contract. [Acts 1993, No. 841, §1, eff. Jan. 1, 1995]

Art. 2493. [Reserved]

Art. 2494. When the sale of an immovable has been made with indication of the extent of the premises, but for a lump price, the expression of the measure does not give the seller the right to a proportionate increase of the price, nor does it give the buyer the right to a proportionate diminution of the price, unless there is a surplus, or a shortage, of more than one twentieth of the extent specified in the act of sale.

When the surplus is such as to give the seller the right to an increase of the price the buyer has the option either to pay that increase or to recede from the contract. [Acts 1993, No. 841, §1, eff. Jan. 1, 1995]

Art. 2495. When an immovable described as a certain and limited body or a distinct object is sold for a lump price, an expression of the extent of the immovable in the act of sale does not give the parties any right to an increase or diminution of the price in case of surplus or shortage in the actual extension of the immovable. [Amended by Acts 1871, No. 87; Acts 1993, No. 841, §1, eff. Jan. 1, 1995]

Art. 2496. [Reserved]

Art. 2497. When the buyer has the right to recede from the contract the seller must return the price, if he has already received it, and also reimburse the buyer for the expenses of the sale. [Acts 1993, No. 841, §1, eff. Jan. 1, 1995]

Art. 2498. The seller's action for an increase of the price and the buyer's actions for diminution of the price or dissolution of the sale for shortage or excessive surplus in the extent of the immovable sold prescribe one year from the day of the sale. [Acts 1993, No. 841, §1, eff. Jan. 1, 1995]

Art. 2499. [Reserved]

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