CIVIL CODE. Article 1561.

Warranty for hidden defects is applicable to judicial sales, except that the
judgment debtor shall not be liable for damages (Article 1570, Civil Code). There is a 6-months
prescription for actions arising from Articles 1561 to 1570 of the Civil Code (Article 1571, Ibid.). For
Articles 1561, 1562, 1564, 1565 and 1566, the seller may choose between withdrawing from the
contract and demanding a proportionate reduction of the price, with damages in either case (Article
1567, Ibid.).

[2] CIVIL CODE. Article 1561. Warranty for hidden defects is applicable to judicial sales, except that
the judgment debtor shall not be liable for damages (Article 1570, Civil Code). There is a 6-months
prescription for actions arising from Articles 1561 to 1570 of the Civil Code (Article 1571, Ibid.). For
Articles 1561, 1562, 1564, 1565 and 1566, the seller may choose between withdrawing from the
contract and demanding a proportionate reduction of the price, with damages in either case (Article
1567, Ibid.).

Hidden defects

The seller is responsible for warranty against the hidden defects which the thing sold may have, if they
render it unfit for the use for which it is intended, or if they diminish its fitness for such use to such an
extent that, had the vendee been aware thereof, he would not have acquired it or would have given a
lower price for it.[1] The said vendor is not answerable for patent defects or those which may be
visible, or for those which are not visible if the vendee is an expert who, by reason of his trade or
profession, should have known them.[2]

Implied warranty

There is an implied warranty or condition as to the quality or fineness in the sale of goods:[3]

1. If the buyer, expressly or by implication, makes known to the seller the particular purpose for
which the goods are acquired, and it appears that the buyer relies on the sellers skill or judgment
(whether he be the grower or manufacturer or not), there is an implied warranty that the goods is to
be reasonably fit for such purpose;[4] or

2. Where the goods are brought by description from a seller who deals in goods of that
description (whether he be the grower or manufacturer or not), there is an implied warranty that the
goods are of merchantable quality.[5]

Sale under patent or other trade name

There is no warranty as to the fitness for any particular purpose in the sale of a specified article under
its patent or other trade name, except as otherwise stipulated.[6] However, the implied warranty or
condition as to the quality or fineness for a particular purpose may be annexed by the usage of trade.
[7]

Sale by sample of seller who is dealer in goods of that kind

If a seller is a dealer in goods sold by sample, there is an implied warranty that the goods are free from
any defect rendering them unmerchantable which would not be apparent on reasonable examination
of the sample.[8]
Hidden faults or defects in thing sold where seller is aware

The seller is liable to the buyer for any hidden faults or defects in the thing sold even though he was
not aware thereof.[9] The latter rule is not applicable if there is a contrary stipulation and the seller
was not aware of the hidden faults or defects in the thing sold.[10]

Where seller is unaware

If the seller was aware of the hidden faults of a thing and the same was lost as a consequence of the
said defects, he will bear the loss and he will be obliged to return the price and refund the expenses of
the contract, with damages.[11] On the other hand, the seller who is unaware of the hidden faults will
only be required to return the price and interest thereon, and reimburse the expenses of the contract
which the vendee might have paid.[12]

When buyer may demand reimbursement for purchase price

The buyer may demand from the seller the purchase price less the value of the thing with hidden fault
at the time of the sale and the same was subsequently lost by a fortuitous even or through the fault of
the seller.[13] If the seller is in bad faith, he may also be required to pay damages to the buyer.[14]

Sale of animals, rule on redhibition

In a sale of two or more animals together regardless of whether it was for a lump sum or for a separate
price for each one, the redhibitory defect of one only gives rise to its redhibition, and not that of the
others; unless it should appear that the vendee would not have purchased the sound animal or
animals without the defective one.[15] The rule on redhibition is also applicable to the sale of other
things.[16]

Presumption

There is a presumption for the latter situation mentioned above when a team, yoke pair, or set is
bought, even if a separate price has been fixed for each one of the animals composing the same.[17]

40-day prescription

The redhibitory action based on either faults or defects of animals must be brought within 40 days
from date of delivery by the seller.[18] The buyer may choose between withdrawing from the contract
and demanding a proportionate reduction of the price, with damages in either case.[19] The said
action may only be exercised with respect to faults and defects which are determined by law or by
local customs.[20]

When professional inspection made

Even if a professional inspection has been made such that the nature of the hidden defect of the
animal is of such a nature that expert knowledge is not sufficient to discover it, the defect is
considered redhibitory.[21]However, the veterinarian is liable for damages if through ignorance or
bad faith he fails to discover or disclose it.[22]