Receiverships Act 1993

19: Duty of receiver selling property

You could also call this:

"A receiver must sell property fairly and try to get the best price for it."

Illustration for Receiverships Act 1993

When you are a receiver selling property, you have a duty to certain people. You must try to get the best price you can for the property at the time of sale. This duty is to the person who gave you the power to sell the property, people who have an interest in the property, people who are owed money by the person who gave you the power, and people who have guaranteed the debts of the person who gave you the power.

You have to consider what is best for all these people when you sell the property. You must act fairly and try to get a good price for the property. This will help make sure everyone's interests are protected.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM327726.


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18: General duties of receivers, or

"Receivers must act honestly and fairly to help the people they work for."


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20: No defence or indemnity, or

"Receivers are responsible for their actions and can't blame others or get help paying for mistakes"

19Duty of receiver selling property

  1. A receiver who exercises a power of sale of property in receivership owes a duty to—

  2. the grantor; and
    1. persons claiming, through the grantor, interests in the property in receivership; and
      1. unsecured creditors of the grantor; and
        1. sureties who may be called upon to fulfil obligations of the grantor—
          1. to obtain the best price reasonably obtainable as at the time of sale.