Sale – Delivery

Sale – Delivery

Art. 2477. Methods of making delivery. Delivery of an immovable is deemed to take place upon execution of the writing that transfers its ownership. Delivery of a movable takes place by handing it over to the buyer. If the parties so intend delivery may take place in another manner, such as by the seller’s handing over to the buyer the key to the place where the thing is stored, or by negotiating to him a document of title to the thing, or even by the mere consent of the parties if the thing sold cannot be transported at the time of the sale or if the buyer already has the thing at that time.

Art. 2481. Incorporeals, method of making delivery. Delivery of incorporeal movable things incorporated into an instrument, such as stocks and bonds, takes place by negotiating such instrument to the buyer. Delivery of other incorporeal movables, such as credit rights, takes place upon the transfer.of those movables.

Art. 2483. Costs of delivery and of removal. The cost of making delivery is borne by the seller and that of taking delivery by the buyer, in the absence of agreement to the contrary.

Art. 2555. Liability of the buyer who fails to take delivery. A buyer who fails to take delivery of the thing after a tender of such delivery, or who fails to pay the price, is liable for expenses incurred by the seller in preservation of the thing and for other damages sustained by the seller.

Art. 2484. Place of delivery. Delivery must be made at the place agreed upon by the parties or intended by them. In the absence of such agreement or intent, delivery must be made at the place where the thing is located at the time of the sale.

Art. 2485. Buyer’s rights upon default, damages. When the seller fails to deliver or to make timely delivery of the thing sold, the buyer may demand specific performance of the obligation of the seller to deliver, or may seek dissolution of the sale. In either case, and also when the seller has made a late delivery, the buyer may seek damages.

Art. 2487. Delivery excused until payment of price and for insolvency. The seller may refuse to deliver the thing sold until the buyer tenders payment of the price, unless the seller has granted the buyer a term for such payment.

Art. 2489. Condition of thing at time of delivery. The seller must deliver the thing sold in the condition that, at the time of the sale, the parties expected, or should have expected, the thing to be in at the time of delivery; according to its nature. “When the buyer has not seen the thing, as when goods are purchased at a distance, in the absence of a contrary agreement it is presumed that the thing is of merchantable quality.