C-25.01 - Code of Civil Procedure

Section 709 Disposition versions

2016-01-01

709. The debtor has two months from the seizure to sell a seized immovable by agreement unless it is hypothecated. If the debtor waives this right or does not exercise it within the prescribed time, the bailiff may sell the seized property.

A sale by the debtor is subject to the approval of the bailiff, who determines whether the sale price is commercially reasonable. If that is the case, the bailiff notifies a notice of sale to the seizing creditor, all creditors having rights in the seized property and the garnishee, who have 10 days to oppose the sale.

If no opposition is filed, the sale may be concluded on the expiry of that time limit. The sale price obtained must be deposited in the hands of the bailiff.

2014, c. 1, a. 709.