When we talk about eviction, we are in the realm of buying and selling goods, usually real estate. The very act of buying and selling carries implicit rights and obligations, which are reflected in the sales contract.
Thus, eviction is one of the possible legal situations that can occur in the context of the sale of an asset.
In terms of its definition, eviction is the situation that arises when, after a court ruling, the person who has acquired an asset is deprived of the rights acquired over said asset. In any case, eviction is a total or partial deprivation of a right.
Eviction requirements
For this situation to occur, legally there must be some prerequisites, which are the following:
- The eviction must take place after a trial and its consequent judicial sentence.
- In the act of the sale, a third party must claim the rights over all or part of the good acquired by the buyer.
- The cause of the deprivation of rights (eviction) must be prior to the acquisition of the property.
Sanitation due to eviction
The sanitation or total or partial reimbursement of the property falls on the seller, since it has been he who has lost the amount when selling the property. This circumstance must be stipulated in the sales contract. If for any circumstance it is not specified in the contract, the responsibility will fall by default on the seller.
When we get to the point where a third party claims certain rights over a good, the buyer must put the legal mechanism in motion and proceed to sue the seller. Thus, we find the plaintiff, the buyer and the defendant (the seller). At this point, the buyer will state the reasons why he does not consider that he should reimburse the price of the good.
If the seller loses the claim, he will be obliged to fully refund the price of the property, compensate for the damages that may have been caused and pay for the judicial processing.
It should be noted that eviction reorganization is the logical consequence of an anomaly in the sale of an asset, which in legal terms is known as hidden defects.
Sanitation by eviction is a legal figure that usually occurs in the acquisition of a home or in the partition of an inheritance.
Photos: Fotolia - Narong Jongsirikul - Andy Dean
