Short answer. No. Article 1553 of the Civil Code provides that any stipulation exempting the vendor from the obligation to answer for eviction shall be void if he acted in bad faith. A seller who knew of the defect cannot hide behind a no-liability clause in the deed.
What the law says
Any stipulation exempting the vendor from the obligation to answer for eviction shall be void, if he acted in bad faith.
Civil Code, Article 1553 — Void Waiver in Bad Faith. Read the full provision →
What warranty against eviction means
When a seller transfers property, the law imposes a warranty that the buyer will not be disturbed in possession by a lawful claim of someone with a better title. If a third party eventually wins a court case and the buyer is evicted — that is, deprived of the property — the seller is responsible for that loss. This warranty against eviction is one of the seller's core obligations in a sale of property. The seller is, in effect, guaranteeing that what was sold actually belonged to the seller and could lawfully be transferred.
When the waiver clause is void
Article 1553 of the Civil Code draws a sharp line. A seller may, in principle, negotiate a clause that limits or waives the warranty — but only if the seller acted in good faith. If the seller knew of the encumbrance, the competing title, or whatever problem later caused the eviction, then any clause purporting to exempt the seller from liability for eviction is void. The reasoning is straightforward: a seller who knows of a defect and conceals it while inserting a liability waiver is engaging in bad faith. The law does not allow the seller to profit from that concealment.
Bad faith: what it means in this context
Bad faith in this context means knowledge on the seller's part that someone else had a right to the property — or that the property was encumbered, mortgaged, or subject to a claim that could ripen into an eviction — at the time of the sale. The seller does not need to have acted with malicious intent; knowledge of the defect is enough. If the seller was aware of an adverse claim, a pending case, a mortgage, or a dispute over the title before closing the sale and did not disclose it, the seller acted in bad faith, and the waiver clause falls.
What you can recover if the clause is void
With the waiver clause removed as void, the seller's liability for eviction is restored in full. Depending on the specific circumstances and the applicable provisions of the Civil Code, a buyer who is evicted may be able to recover the price paid, the expenses of the contract, the costs of the eviction suit, damages, and in some cases the value of fruits the buyer was required to return to the successful claimant. The exact scope of recovery depends on the facts of the eviction and how thoroughly the seller's bad faith can be established. A lawyer familiar with property sales disputes can help you assess the evidence of bad faith and the appropriate claims to pursue.