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FAIR TRADING (ENHANCED COMPLIANCE) ACT 2004 (NO 103 OF 2004) - SECT 70

Vendor bids

    (1)     After section 38(5) of the Sale of Land Act 1962 insert

    '(6)     Sub-sections (1) and (2) do not apply to a bid made by a vendor who is a co-owner of the land or by a person (other than the auctioneer of the land) on behalf of a vendor who is a co-owner of the land if—

        (a)     the bid was made to enable the vendor to purchase the interest of another co-owner in the land; and

        (b)     the conditions under which the auction is conducted permit the making of bids by a vendor to purchase the interest of another co-owner in the land; and

        (c)     before any bidding started, the auctioneer orally declared at the auction that a vendor may make bids to purchase the interest of a co-owner in the land.

    (7)     In sub-section (6), "co-owner" means a joint tenant, whether at law or in equity or a tenant in common, whether at law or in equity, of the land.'.

    (2)     After section 39(2) of the Sale of Land Act 1962 insert

    "(3)     Sub-section (1) does not apply to a bid made in accordance with section 38(6).".

    (3)     In section 41(1)(c) of the Sale of Land Act 1962 for "vendor." substitute "vendor; and".

    (4)     After section 41(1)(c) of the Sale of Land Act 1962 insert

    "(d)     the bid is not made on behalf of a vendor who is a co-owner to enable the vendor to purchase the interest of a co-owner in the land.".



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