Where does the buyer have no or limited right of recourse?

  1. The seller is only liable in terms of the warranty where the reason or cause of eviction already existed at the time of conclusion of the contract, or where it was caused after conclusion of the contract due to the seller’s fault.
  2. Even where the seller has excluded his liability for damages, the buyer may still cancel the sale and reclaim the purchase price
  3. The seller will not be held liable where the buyer knew that the seller was not the owner of the object at the time of conclusion of the contract
  4. Where the seller was unsure at the time of conclusion of the contract whether or not the object belonged to him and has made this known to the buyer, the seller cannot be held liable.
  5. The seller will not be liable where the buyer’s claim against him has prescribed
  6. Where the eviction was caused by force majeure (vis maior) the buyer has no right of recourse.
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KTH - Warranty against Eviction

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