(1) If the seller was unaware, at the time the contract was made, that the right which has been made the object of a sale did not belong to him or her, and the seller is unable, by acquiring the right he or she has sold, to transfer the right to the buyer, the seller may, paying damages suffered by the buyer, rescind the contract.
(2) If, in the case of the preceding paragraph, the buyer was aware at the time the contract was entered that the right did not belong to the seller, the seller may, by giving notice that he or she is unable to transfer the right to the buyer, rescind the contract.