Sale - S 54

Rights and liabilities of buyer and seller - S 55

Seller’s Duties

• Before sale

• To disclose material defects in the property or title - S 55(1)(a)

• To produce the title-deeds for inspection - S 55(1)(b)

• To answer relevant questions as to title - S 55(1)(c)

• To execute conveyance - S 55(1)(d)

• To take care of the property and title deeds

• To pay the outgoings

• After sale

• To give possession to the buyer - S 55(1)(f)

• To covenant for title - S 55(2)

• To deliver title deeds on receipt of the price - S 55(3)

Seller’s Rights

• Before sale

• Entitled to all rents, profits or other benefits - S 55(4)(a)

• After sale

• Charge on property (unpaid vendor's charge) - S 55(4)(b)

Buyer’s Duties

• Before Sale

• To disclose facts which materially increases the value of property

• To pay the price

• After sale

• To bear the loss to the property - S 55(5)(c)

• To pay the outgoings - S 55(5)(d)

Buyer’s Rights

• Before Sale

• Charge on property for price paid - S 55(6)(b)

• After sale

• Entitled to all benefits - S 55(6)(a)

Marshalling by subsequent purchaser - S 56

Discharge of encumbrances - S 57

Mortgage - S 58(a)

Simple Mortgage - S 58(b)

Mortgage by conditional sale - S 58(c)

Usufructuary Mortgage - S 58(d)

English Mortgage - S 58(e)

Mortgage by deposit of title-deeds - S 58(f)

Anomalous Mortgage - S 58(g)

Right of redemption - S 60

Other rights of mortgagor - S 61-64

Liabilities of mortgagor - S 65 & 66

Right to foreclosure - S 67

Other rights of mortgagee - S 68-73

Liabilities of mortgagee - S 76

Marshalling by subsequent mortgagee - S 81

Contribution - S 82

Redeem up - S 91

Subrogation - S 92

Prohibition of tacking - S 93

Foreclose down - S 94

Charge - S 100