Sale of Property
Duties of Seller Before Sale
- To disclose any material defect- The seller is bound to disclose to the buyer any material defect in the property or in the sellerís title thereto of which the seller is and the buyer is not aware, and which the buyer could not with ordinary care discover. A latent defect is a defect, which cannot be discovered by the buyer with ordinary diligence.
- To produce documents of title- The seller is bound to produce to the buyer on his request for examination all documents of title relating to the property which are in the sellerís possession or power.
- To answer question about the property or the title thereto- The seller is bound to answer to the best of his information all relevant questions put to him by the buyer in respect to the property or the title thereto.
- To execute conveyance- The seller is bound on payment or tender of the amount due in respect of the price, to execute a proper conveyance of the property, when the buyer tenders it to him for execution at a proper time and place. The seller is bound to execute conveyance on the payment of price by the buyer.
- To take care of the property and title documents- The vendor is bound between the date of the contract of sale and the delivery of the property, to take as much care of the property and all documents of title relating thereto, which are in his possession as an owner of ordinary prudence would take of such property and documents.
- To pay outgoings- The seller is bound to pay all public charges and rent accrued due in respect of the property up to the date of the sale, the interest on all encumbrances on such property due on such date, and, except where the property is sold subject to encumbrances to discharge all encumbrances on the property then existing.
- To deliver possession of the property - The seller is bound to give, on being so required, the buyer or such person as he directs, such possession of the property as its nature admits.
- Implied covenant for title - The seller shall be deemed to contract with the buyer that the interest which the seller professes to transfer to the buyer subsists and that he has power to transfer the same.
- To deliver title deeds on receipt of consideration- Where the whole of the purchase money has been paid to the seller, he is bound to deliver to the buyer all documents of title relating to the property which are in the sellerís possession or power;