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Good Title Problem - SOGA 1979


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Guys,

 

I need help.

 

If someone buys a motorcycle from another person in good faith and for value and with no knowledge of any encumbrances or interests vested in the property to another person, and then it subsequently transpires that the person who sold it (but not the thief) did not have legal title to the motorcycle as per section 21 SOGA 1979, can the latest buyer be deemed as equity's darling similar to the bona fide purchaser of property for value in good faith and without knowledge in land law?

 

Regards,

 

Deano

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... can the latest buyer be deemed as equity's darling similar to the bona fide purchaser of property for value in good faith and without knowledge in land law?

 

One should hope not!

 

It is the general duty of a buyer of anything to be sure that the title to the goods is good or else the negligence of the buyer conspires, the burden of proof being to establish the diligence of the buyer, hence the innocence of the intention.

 

Here is a more specific commentary:

 

http://www.lawschoolonline.co.uk/wp/?p=11

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I know this reply is a little late, but some more info would be good - there are some instances whereby the innocent purchaser could obtain good title.

Warning: Freemen of the Land Operate here. Think twice before accepting 'legal advice'.

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