Section 156: Liability of fol-enchérisseur
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
156. Liability of fol-enchérisseur
(1) The adjudicatee against whom the resale by folle-enchère is prosecuted (fol-enchérisseur) shall—
(a) be responsible for the difference between the purchase price and
the price at which the property has been resold by folle-enchère;
and
(b) have no right to claim any excess of price obtained on the resale.
S3 – 35 [Issue 1]
Sale of Immovable Property Act
(2) Any excess of price under paragraph (b) shall be distributed as part of
the sale price of the property.
PART VII – PROPERTY SOLD OTHERWISE THAN BY PUBLIC AUCTION
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Questions this section answers
- Am I liable for the price difference if my property is resold against me by folle-enchère?
- Can I claim the extra money if my property is resold by folle-enchère for more than I paid?