Commonwealth Consolidated Acts

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PERSONAL PROPERTY SECURITIES ACT 2009 - SECT 52

Taking personal property free of temporarily perfected security interest

Main rule

  (1)   A buyer or lessee, for new value, of the proceeds of personal property, or of goods or a negotiable document of title, takes the proceeds, goods or document free of a security interest that is temporarily perfected by force of this Act (other than a transitional security interest perfected by force of section   322) immediately before the time of the sale or lease, if the security interest is not otherwise perfected at that time.

Note:   Section   322 provides for the perfection of transitional security interests.

Exception

  (2)   Subsection   (1) does not apply if the buyer or lessee has actual knowledge that the sale or lease constitutes a breach of the security agreement that provides for the security interest at:

  (a)   the time new value is first given for the sale or lease, if the personal property is bought or leased with the intention of using it predominantly for personal, domestic or household purposes; or

  (b)   in any other case--the time of sale or of entry into agreement for the lease.


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