Short answer. No. A plain waiver of the warranty against eviction still leaves the seller answerable for the value the thing had when eviction took place. Only where the buyer waived knowing the risks and expressly assuming their consequences is the seller released from liability.
What the law says
If the vendee has renounced the right to warranty in case of eviction, and eviction should take place, the vendor shall only pay the value which the thing sold had at the time of the eviction.
Civil Code, Article 1554 — Effect of Waiver of Warranty. Read the full provision →
What the law says
Should the vendee have made the waiver with knowledge of the risks of eviction and assumed its consequences, the vendor shall not be liable.
Civil Code, Article 1554 — Effect of Waiver of Warranty. Read the full provision →
Two kinds of waiver, two very different results
Eviction happens when a buyer is deprived of the thing he bought, wholly or partly, by a final judgment based on a right existing before the sale. The warranty against eviction is the seller's promise to answer if that occurs. Article 1554 of the Civil Code divides waivers of that warranty in two. The first is a simple renunciation: if the vendee has renounced the right to warranty in case of eviction, and eviction should take place, the vendor shall only pay the value which the thing sold had at the time of the eviction. That is a reduction of the seller's exposure, not an escape from it. The buyer gives up the additional items the law would otherwise allow.
The waiver that actually releases the seller
The second kind is narrower and much harder to establish. The article continues: should the vendee have made the waiver with knowledge of the risks of eviction and assumed its consequences, the vendor shall not be liable. Two elements must both be present. The buyer must have known of the specific risk — a pending case, an adverse claimant, a defect in the chain of title — and he must have assumed its consequences, meaning he accepted that if the risk materialised the loss would be his. General language burying a waiver in fine print does not usually satisfy this. What persuades is evidence that the particular danger was disclosed and knowingly taken on.
What a waiver does not reach
This article addresses eviction. It does not cover the separate warranty against hidden defects, which has its own rules and its own short periods for complaining. It does not validate a waiver where the seller acted in bad faith, since a stipulation exempting a seller from the consequences of his own bad faith is not given effect. It does not affect a third person's rights over the property — the true owner or claimant is not bound by an agreement between you and your seller. And it does not remove your own duty to notify the seller of the suit; failing to bring him into the case can cost you the warranty regardless of what the deed says.
What to do on either side of the deed
If you are buying, treat a proposed waiver as a signal to investigate rather than a clause to initial. Get a certified true copy of the title, check the annotations, ask in writing why the waiver is wanted, and keep the answer. If you are the seller and a genuine risk exists, disclose it specifically and in writing — a vague blanket waiver protects far less than an honest, documented one. Once a claim or a suit appears, act immediately: keep the deed, the receipts and every notice, and consult a lawyer before you answer, settle or surrender possession, because how the case is handled at the start often determines what can be recovered later.