Art. 1602

The seller is obliged to explain clearly what he binds himself to.

Any obscure or ambiguous agreement shall be interpreted against the seller.

Art. 1603

He has two main obligations, that to deliver and that to warrant the thing which he sells.

Of Delivery

Art. 1604

Delivery is the transfer of the thing sold into the power and possession of the buyer.

Art. 1605

The obligation to deliver immovables is fulfilled on the part of the seller where he has handed over the keys, in case of a building, or where he has handed over the instruments of title.

Art. 1606

Delivery of movable effects is the outcome :

Either of a real delivery;

Or of the handing over of the keys of the buildings which contain them;

Or even of the sole consent of the parties, where the transfer cannot take place at the time of the sale, or where the buyer already had them in his power on another basis.

Art. 1607

Delivery of intangible rights is made either by handing over the instruments of title, or by the use which the purchaser makes of them with the consent of the seller.

Art. 1608

The expenses of delivery shall be charged to the seller, and those of removal to the buyer, unless otherwise agreed.

Art. 1609

Delivery shall be made at the place where the thing sold was at the time of the sale, unless otherwise agreed.

Art. 1610

Where the seller fails to make delivery within the time agreed upon between the parties, the purchaser may, at his choice, apply for avoidance of the sale, or for his being vested with possession, if the delay results only from an act of the seller.

Art. 1611

In all cases, the seller shall be ordered to pay damages, where the purchaser has suffered a loss because of the failure to deliver at the agreed time.

Art. 1612

The seller is not obliged to deliver the thing where the buyer does not pay the price of it unless the seller has granted him time for the payment.

Art. 1613

Nor is he obliged to deliver, even if he has allowed time for the payment, where, since the sale, the buyer [is under a judicial arrangement] or insolvent, so that the seller is in imminent danger of losing the price; unless the buyer gives him security to pay at the time-limit.

Art. 1614

The thing must be delivered in the condition in which it is at the time of the sale.

From that day, all the fruits belong to the purchaser.

Art. 1615

The obligation to deliver the thing includes its accessories and all that was designed for its perpetual use.

Art. 1616

The seller is obliged to deliver the capacity such as it is specified in the contract, subject to the modifications hereinafter expressed.

Art. 1617

Where the sale of an immovable was made with indication of the capacity, at the rate of so much for a measure, the seller is obliged to deliver to the purchaser, if the latter so requires, the quantity stated in the contract;

And if he cannot do so, or if the purchaser does not so require, the seller is obliged to suffer a proportionate reduction in price.

Art. 1618

Where, on the contrary, in the case or the preceding Article, the capacity is greater than the one stated in the contract, the purchaser has the choice to provide the surplus of the price, or to repudiate the contract, if the excess is one-twentieth above the capacity declared.

Art. 1619

In all other cases,

Whether the sale is made of a definite and limited thing,

Whether it has as its object distinct and separate tenements,

Whether it begins with the measure, or by the designation of the property sold followed by the measure,

The expression of that measure does not give rise to any increase of price, in favour of the seller for the excess of measure, or in favour of the purchaser, to any diminution in price for lesser measure, unless the difference between the actual measure and the one expressed in the contract is of one-twentieth more or less, with regard to the value of all the things sold, unless otherwise stipulated.

Art. 1620

In the case where, under the preceding Article, it is necessary to raise the price for excess of measure, the purchaser has the choice either to repudiate the contract or to provide the surplus of the price, with interest if he has kept the immovable.

Art. 1621

In all cases in which the purchaser is entitled to repudiate the contract, the seller is bound to return to him, besides the price, if he has received it, the costs of the contract.

Art. 1622

An action for an increase of price, on the part of the seller, and that for a diminution in price or for termination of the contract, on the part of the buyer, must be brought within the year, after the day of the contract, on pain of lapse.

Art. 1623

Where two tenements have been sold by the same contract for one and the same price, with the designation of the measures of each of them, and where there is less capacity in the one, and more in the other, set-off is made up to the amount due; and an action, either for an increase, or for a diminution in price, takes place only in accordance with the rules above laid down.

Art. 1624

The question of ascertaining upon whom, between the seller and the purchaser, falls the loss or deterioration of the thing sold before its delivery, shall be decided according to the rules prescribed in the Title Of Contracts or of Conventional Obligations in General.