Concept in Definition ABC

When we speak of eviction, we place ourselves in the realm of buy and sell of property, usually real property. The very act of buying and selling carries implicit some rights and obligations, which are reflected in the contract of sale.

Thus, eviction is one of the possible legal situations that can occur in the context of the sale of an asset.

Regarding its definition, eviction is the situation that arises when after a sentence judicial the person who has acquired a good is deprived of the rights acquired over said well. 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 buying and selling, a third party must claim the rights to 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 good.

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 he 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 demand, he will be obliged to fully return 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 remediation by eviction is the consequence logic of a 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 a inheritance.

Photos: Fotolia - Narong Jongsirikul - Andy Dean