Part 4Land attachment and residual attachment

Chapter 2Attachment of land

Preparations for sale of attached land

99Protection of purchaser under contract where creditor applies for warrant for sale

1

This section applies where—

a

the creditor applies under section 92(1) of this Act for a warrant for sale of attached land; and

b

a person, at whose instance a notice was, by virtue of section 91 of this Act, registered (in this section, a “prospective purchaser”), has lodged objections to the application.

2

At the hearing under section 97(1) of this Act, the sheriff may, if satisfied as to the matters mentioned in subsection (3) below, make an order—

a

sisting the application;

b

requiring the prospective purchaser to pay the price under the contract to the creditor; and

c

making such other incidental or consequential provision as the sheriff thinks fit.

3

The matters are that—

a

the prospective purchaser did not, in entering into the contract for the purchase of the land, seek to defeat the rights of creditors of the debtor; and

b

both the prospective purchaser and the debtor will proceed with the purchase under the contract without undue delay.

4

Section 116 of this Act applies to the proceeds of sale paid to the creditor in pursuance of an order under subsection (2) above as it applies to a sale in pursuance of a warrant for sale subject to the modification that references to the “appointed person” are references to the “creditor”.