Transfer risk
Brougham, A.
Transfer risk - 2001 - Property Week 8 June 2001, 92(1) .
Discusses the problems facing the unwary buyer who acquires a property that has previously been transferred at less than the market value by a company that subsequently goes into liquidation following, the Land Registry decision to note the price shown on each transfer of the property on the register with title. This will give subsequent purchasers notice that there may have been a transfer at undervalue which they should investigate if they are not to risk the court ruling that they were not acting in good faith under the Insolvency Act 1986 s241(2) and require that the property to be transferred back to the first company or that that company be reimbursed for any loss suffered as a result of the under-valuation under s238 of the Act.
GIFTS
Insolvency
INSOLVENCY ACT 1986
INSOLVENCY ACT 1986 S238
INSOLVENCY ACT 1986 S241(2)
PROPERTY TRANSFERS
TRANSFER AT UNDERVALUE
TRANSFER OF PROPERTY
UNDERVALUATION
UNDERVALUE
Transfer risk - 2001 - Property Week 8 June 2001, 92(1) .
Discusses the problems facing the unwary buyer who acquires a property that has previously been transferred at less than the market value by a company that subsequently goes into liquidation following, the Land Registry decision to note the price shown on each transfer of the property on the register with title. This will give subsequent purchasers notice that there may have been a transfer at undervalue which they should investigate if they are not to risk the court ruling that they were not acting in good faith under the Insolvency Act 1986 s241(2) and require that the property to be transferred back to the first company or that that company be reimbursed for any loss suffered as a result of the under-valuation under s238 of the Act.
GIFTS
Insolvency
INSOLVENCY ACT 1986
INSOLVENCY ACT 1986 S238
INSOLVENCY ACT 1986 S241(2)
PROPERTY TRANSFERS
TRANSFER AT UNDERVALUE
TRANSFER OF PROPERTY
UNDERVALUATION
UNDERVALUE