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Contract and Commercial Law Act 2017

Contracts legislation - Contractual remedies - Power of court to grant relief

46: Protection of purchaser of property in good faith and for valuable consideration

You could also call this:

“Protecting honest buyers who pay fair prices for property”

If you buy property in good faith and pay a fair price for it, the court cannot take it away from you. This is true even if the property was involved in a contract dispute between other people. The court has the power to make certain orders about property in contract disputes, but those orders cannot affect you if you bought the property honestly and paid for it. This rule protects you as a buyer who wasn’t involved in the original contract.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844118.

Topics:
Housing and property > Buying and selling homes Business > Fair trading Money and consumer rights > Consumer protection
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Part 2 Contracts legislation
Contractual remedies: Power of court to grant relief

46Protection of purchaser of property in good faith and for valuable consideration

  1. No order may be made under section 43(3)(c) to (e) that would have the effect of depriving a person, not being a party to the contract, of the possession of, or any estate or interest in, any property acquired by the person in good faith and for valuable consideration.

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