The document outlines the remedies available to a vendor in a contract for the sale of personal property that is payable in installments. The vendor may elect to demand fulfillment of the contract if the vendee fails to pay an installment. Alternatively, the vendor can cancel the sale if the vendee fails to pay two or more installments. Finally, if a chattel mortgage was established, the vendor can foreclose on the mortgage for failure to pay two or more installments. If the vendor chooses foreclosure, they cannot pursue the vendee for any remaining unpaid balance.
The document outlines the remedies available to a vendor in a contract for the sale of personal property that is payable in installments. The vendor may elect to demand fulfillment of the contract if the vendee fails to pay an installment. Alternatively, the vendor can cancel the sale if the vendee fails to pay two or more installments. Finally, if a chattel mortgage was established, the vendor can foreclose on the mortgage for failure to pay two or more installments. If the vendor chooses foreclosure, they cannot pursue the vendee for any remaining unpaid balance.
The document outlines the remedies available to a vendor in a contract for the sale of personal property that is payable in installments. The vendor may elect to demand fulfillment of the contract if the vendee fails to pay an installment. Alternatively, the vendor can cancel the sale if the vendee fails to pay two or more installments. Finally, if a chattel mortgage was established, the vendor can foreclose on the mortgage for failure to pay two or more installments. If the vendor chooses foreclosure, they cannot pursue the vendee for any remaining unpaid balance.
Article1484: In a contract of sale a personal property, the price of which is payable in installments, the
vendor may exercise any of the following remedies:
1. Exact fulfillment of the obligation, should the vendee fail to pay;
2. Cancel the sale, should the vendees failure to pay cover two or more installments 3. Foreclose the chattel mortgage on the thing sold, if one has been constituted, should the vendees failure to pay cover two or more installments. In this case, he shall have no further action against the purchaser to recover and unpaid balance of the price. Any agreement to the contrary shall be void.
Remedies of vendor in sale of personal property payable in installments
1. Elect fulfillment upon the vendees failure to pay;
2. Cancel the sale, if the vendee shall have failed to pay two or more installments. 3. Foreclose the chattel mortgage, if one has been constituted, if the vendee shall have failed to pay two or more installments.
Right of vendor to recover unpaid balance of purchase price:
1. Remedy of specific performance.
Vendor(1) is not limited to the proceeds of the sale, on execution of the mortgaged goods, he may still recover from the purchaser the unpaid balance of the price, if any on the real and personal properties of the purchase not exempt by law from attachment or execution. 2. Remedy of cancellation Rescission/Cancellation (vendee failure to pay 2 or more installment) the latter can demand only the return of payments already made unless there is a stipulation about the forfeiture 3. Remedy of foreclosure Foreclosure of the chattel mortgage he shall have no further action against the vendee for the recovery of any unpaid balance of the price and any agreement to the contrary is void. The foreclosure is effected by selling the mortgaged personal property at public auction and applying the proceeds of the sale to the satisfaction of the claim secured by the mortgage