Short answer. No. The warranty against eviction cannot be enforced until a final judgment has been rendered by which the buyer loses the thing acquired, or a part of it — a pending case, a threat of eviction, or an unfavorable trial-level ruling that is still appealable is not enough on its own.
What the law says
The warranty cannot be enforced until a final judgment has been rendered, whereby the vendee loses the thing acquired or a part thereof.
Civil Code, Article 1557 — Warranty Requires Final Judgment. Read the full provision →
Final judgment is the trigger, not merely a lawsuit
The statute sets a clear precondition: the warranty cannot be enforced until a final judgment has actually been rendered by which the buyer loses the thing acquired, or part of it. Being sued, or even losing at a lower level of a court that is still subject to appeal, does not by itself satisfy this requirement — the loss has to be fixed by a judgment that is no longer open to ordinary challenge.
Why the law waits for finality
Eviction, in the legal sense this warranty addresses, means a buyer is actually deprived of the property by a judgment in favor of someone with a better right. Until that judgment is final, there remains a real possibility the buyer will prevail on appeal and keep the property after all — enforcing the seller's warranty before that point would be premature, since there may turn out to be no eviction at all once the litigation concludes.
What this means while the underlying case is still pending
If you are currently facing a claim that could result in eviction, but no final judgment has been rendered against you yet, this article means you cannot yet enforce the warranty against your seller on the basis of an eviction that has not legally occurred. The remedy under this warranty becomes available once, and only once, a final judgment fixes that loss — not before, however likely eviction may already appear.
What this article does not itself address
This provision establishes the timing precondition for enforcing the warranty; it does not itself list what the buyer may recover once that final judgment is obtained, nor does it address whether the buyer has other options — such as bringing the seller into the case as it proceeds — before that final judgment exists. Those separate questions are addressed elsewhere and are not resolved by this specific timing rule.
A partial loss can trigger the warranty too
Note that the article covers losing the thing acquired or a part thereof, not only a total loss of the entire property. A final judgment that strips you of only a portion of what you bought can still bring the warranty into play for that portion, once that judgment on the partial loss becomes final. The same waiting requirement applies equally in that situation: the partial loss must be fixed by a final judgment before the warranty tied to it can be enforced.