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Annulment of the sale of seized property

The sale of an item of seized property may be annulled in certain situations.

For example, 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.

The purchaser may also apply for the annulment of the sale 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 your own the application (as the debtor) or on the application of a creditor if:

  • the property is sold for a price that is clearly unreasonable given market conditions;
  • the sale is affected by serious irregularities that could not, despite reasonable diligence, be raised before the sale.

Last update: February 23, 2023


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