Section 50: Remedy after sale of property
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.
50. Remedy after sale of property
(1) Where—
(a) the sale and adjudication of the property has taken place under
section 25 before the action in cancellation has been heard and
determined; or
(b) a holder of a vendor’s privilege, on being duly served with the
notice specified in section 23, has neglected to exercise his resolutory right prior to the adjudication of the property,
the adjudicatee shall not be affected by any resolutely action in respect of
the vendor’s right.
(2) Where the holder of a vendor’s privilege has neglected to exercise his
resolutory right, he shall be debarred from any remedy as regards the adjudicatee, except that he may produce his claim for collocation at the distribution by way of ordre of the sale price of the property.
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Questions this section answers
- If an unpaid seller didn't act in time, can they still get the property back from the new buyer?