|
|
Protection of purchasers.
|
105.— (1) Where a conveyance is made in professed exercise of the power of sale conferred by this Chapter, the title of the purchaser is not impeachable on the ground that—
|
|
| |
[CA 1881, s. 21(2)][CA 1911, s. 5(1)]
|
|
| |
(a) no case had arisen to authorise the sale, or
|
|
| |
(b) due notice had not been given, or
|
|
| |
(c) the power was otherwise improperly exercised,
|
|
| |
and a purchaser is not, either before or on conveyance, required to see or inquire whether the power is properly exercised.
|
|
| |
(2) Any person who suffers loss as a consequence of an unauthorised or improper exercise of the power of sale has a remedy in damages against the person exercising the power.
|
