Q&As

A client has obtained an order for sale against a property, possession has been obtained and the property is now on the market. Is there any legal reason preventing the client from purchasing the property if they offer the highest price for the property and the property has been listed on the open market?

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Produced in partnership with Chris Snell of No 5 Chambers
Published on LexisPSL on 02/03/2018

The following Property Disputes Q&A Produced in partnership with Chris Snell of No 5 Chambers provides comprehensive and up to date legal information covering:

  • A client has obtained an order for sale against a property, possession has been obtained and the property is now on the market. Is there any legal reason preventing the client from purchasing the property if they offer the highest price for the property and the property has been listed on the open market?

CPR 40.16, sets out the court’s general power to order a sale of property. It provides in terms:

‘In any proceedings relating to land, the court may order the land, or part of it, to be

a. sold;

b. mortgaged;

c. exchanged; or

d. partitioned.’

CPR PD 40D, para 3 provides as follows:

‘3.1 Where –

1.

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