Land And Conveyancing Law Reform Act 2009

105.

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.