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SHERIFF ACT 2009 - SECT 25 Buyer of property sold by sheriff acquires good title

SHERIFF ACT 2009 - SECT 25

Buyer of property sold by sheriff acquires good title

    (1)     A person who buys property sold by the sheriff under this Division acquires good title to the property if the person buys the property—

        (a)     in good faith; and

        (b)     without notice of any defect or want of title.

    (2)     The sheriff is not liable in respect of the sale of property under this Division unless it is proved that the sheriff had notice, or might, by making reasonable enquiry, have ascertained, that the property was not the property of the person named or described in the warrant under which that property was seized.

    (3)     Nothing in this section limits or affects any right or remedy that the previous owner of property sold under this Division has or may seek otherwise than—

        (a)     against the property sold; or

        (b)     against the sheriff in the exercise of a power of sale under this Division.

Division 6—Powers to demand and receive payment

S. 26 (Heading) amended by No. 47/2014 s. 320(1).