C-25.01 - Code of Civil Procedure

Section 760 Disposition versions

2016-01-01

760. The sale may be annulled on the application of the purchaser if the latter is liable to eviction by reason of some real right not discharged by the sale, or if the property differs so much from the description given in the notice of sale or the minutes of seizure that it is to be presumed that the purchaser would not have bought it had the purchaser been aware of the true description. The sale may also be annulled on the application of the debtor or a creditor if the property is sold for a price that is clearly unreasonable given market conditions or if the sale is affected by serious irregularities that could not, despite reasonable diligence, be raised before the sale.

The application for the annulment of a sale must be notified within 20 days after the sale in the case of movable property, or within 60 days after the sale in the case of immovable property. These are strict time limits. On the expiry of the time limits, the court clerk may, on request, issue a certificate attesting that no application for the annulment of the sale has been filed.

2014, c. 1, a. 760.