Question
Under a car-swapping scheme, respondent Samantha sold her Mitsubishi GSR Sedan 1982 model to Jerry by deed of absolute sale dated July 28, 1992 .
Under a "car-swapping scheme", respondent Samantha sold her Mitsubishi GSR Sedan 1982 model to Jerry by deed of absolute sale dated July 28, 1992 . For his part, Jerry conveyed to Samantha his Mitsubishi Lancer model 1988, also by deed of sale of even date. As Jerry's car was of a later model, Samantha paid him an additional P55,000.00
Jerry, a buyer and seller of used vehicles later offered the Mitsubishi GSR for sale through Feather Motors, a second-hand auto display center. The vehicle was eventually sold to Bing for P225,000.00 by deed of absolute sale dated August 14, 1992. Before the deed could be registered in Bing's name, however, the vehicle was seized by the court in a case entitled "X Corporation vs Rocco" on account of the alleged failure of Rocco, the owner prior to Samantha to pay the mortgage debt constituted thereon.
To secure the release of the vehicle, Jerry paid X Corporation the amount of P62,038.00 on March 23, 1993. Samantha refused to reimburse the said amount , drawing Jerry to file complaint for damages against Samantha.
WHAT KIND OF WARRANTY IS PROVIDED IN THE DEED OF ABSOLUTE SALE SUBJECT OF THE PRESENT CASE?
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