Section Code: 0475 - 0482

Thai Civil and Commercial Code


Liability for Eviction

Section 475. Seller liable over Ownership Questions

The seller is liable for the consequences of any disturbance caused to the peaceful possession of the buyer by any person having over the property sold a right existing at the time of sale or by the fault of the seller.

Section 476. No Liability if Ownership Questions are known

The seller is not liable for a disturbance caused by a person whose rights were known to the buyer at the time of sale.

Section 477. Right to Bring the Seller as a Joint Defendant

In any case of disturbance where an action arises between the buyer and a third person, the buyer is entitled to summon the seller to appear in the action to be joint defendant or joint plaintiff with the buyer, in order to enable the Court to settle disputes between all the parties to them in one action.

Section 478. Seller Right to Deny Claim of Third Person

The seller is also entitled; if he thinks proper, to intervene in the action in order to deny the claim of the third person.

Section 479. Seller liability if Buyer is deprived of Property

The seller is liable if, by reason of eviction, the buyer is deprived of the whole or part of the property sold or if the property is subject to a right, the existence of which impairs its value, fitness, use or benefit and of which the buyer had no knowledge at the time of sale.

Section 480. Immovable Property

If an immovable property is declared to be subject to a servitude established by law, the seller is not liable unless he has expressly guaranteed that the property was free from servitudes, or from that particular servitude.

Section 481. Statute of Limitations

If the seller was not a party to the original action, or if the buyer has made a compromise with the third person, or has yielded to his claim, no action for liability on account of eviction can be entered later than three months after final judgment in the original action, or after the date of the compromise, or of the yielding to the third person.

Section 482. The seller is not liable for eviction in the following cases:

  1. If no action was entered, and the seller proves that the rights of the buyer were lost on account of the fault of the buyer, or
  2. If the buyer did not summon the seller to appear in the action, and the seller proves that he would have succeeded in the action if summoned to appear, or
  3. If the seller appeared in the action, but the claim of the buyer was dismissed on account of the fault of the buyer.

In any case the seller is liable whenever he is summoned to appear in the action and refuses to take the part of the buyer as joint defendant or joint plaintiff.