Statute
Civil Code
Article
Art. 1560
Topic
Obligations of the Vendor
Book
BOOK IV Obligations and Contracts
Title
TITLE VI SALES
Chapter
CHAPTER 4 Obligations of the Vendor
Formerly
Art. 1483a of the old Civil Code
Year
1949

The provision

If the immovable sold should be encumbered with any non-apparent burden or servitude, not mentioned in the agreement, of such a nature that it must be presumed that the vendee would not have acquired it had he been aware thereof, he may ask for the rescission of the contract, unless he should prefer the appropriate indemnity. Neither right can be exercised if the non-apparent burden or servitude is recorded in the Registry of Property, unless there is an express warranty that the thing is free from all burdens and encumbrances. Within one year, to be computed from the execution of the deed, the vendee may bring the action for rescission, or sue for damages. One year having elapsed, he may only bring an action for damages within an equal period, to be counted from the date on which he discovered the burden or servitude. (1483a)

Cases applying this article

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