Art. 2380.Loss of Recourse When Purchaser Fails to Give Judgment Debtor Timely Notice

Article 2379's reimbursement right is not unconditional. Article 2380 attaches a notice requirement modeled on the ordinary warranty against eviction found elsewhere in Louisiana sales law: when someone sues the purchaser to evict him, in the property sense of a third party asserting superior ownership, the purchaser has to bring the judgment debtor into the loop in time to defend.

The reasoning is one of fairness to the debtor and the seizing creditor. If the debtor could have defeated the eviction suit had he known about it, but never got the chance because the purchaser sat on the notice, the purchaser should not then be able to turn around and demand reimbursement for a loss the debtor might have prevented.

Two things have to be true for the purchaser to lose this right: the purchaser neglected to notify the debtor in time to defend, and the debtor could have successfully defended the eviction suit if given that chance. A purchaser who gives timely notice, or whose loss would have happened regardless of notice, keeps the recourse Article 2379 provides.