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Land Valuation Act 2010
sec.18What is a bona fide sale
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### sec.18 What is a bona fide sale
A bona fide sale , for land, is its sale on reasonable terms and conditions that a bona fide seller and buyer would require assuming the following (the bona fide sale tests )—
a willing, but not anxious, buyer and seller;
a reasonable period within which to negotiate the sale;
that the property was reasonably exposed to the market.
For subsection (1) , in considering whether terms and conditions are reasonable, regard must be had to—
the land’s location and nature; and
the state of the market for land of the same type.
To remove any doubt, it is declared that if—
there is a sale of the land in question; and
the bona fide sale tests are complied with; and
the terms and conditions of the sale are reasonable having regard to the matters mentioned in subsection (2) (a) and (b) ;
the sale is a bona fide sale.
In this section—
land in question means land whose value is being decided.
s 18 amd 2019 No. 17 s 63
(sec.18-ssec.1) A bona fide sale , for land, is its sale on reasonable terms and conditions that a bona fide seller and buyer would require assuming the following (the bona fide sale tests )— a willing, but not anxious, buyer and seller; a reasonable period within which to negotiate the sale; that the property was reasonably exposed to the market.
(sec.18-ssec.2) For subsection (1) , in considering whether terms and conditions are reasonable, regard must be had to— the land’s location and nature; and the state of the market for land of the same type.
(sec.18-ssec.3) To remove any doubt, it is declared that if— there is a sale of the land in question; and the bona fide sale tests are complied with; and the terms and conditions of the sale are reasonable having regard to the matters mentioned in subsection (2) (a) and (b) ; the sale is a bona fide sale.
(sec.18-ssec.4) In this section— land in question means land whose value is being decided.
- (a) a willing, but not anxious, buyer and seller;
- (b) a reasonable period within which to negotiate the sale;
- (c) that the property was reasonably exposed to the market.
- (a) the land’s location and nature; and
- (b) the state of the market for land of the same type.
- (a) there is a sale of the land in question; and
- (b) the bona fide sale tests are complied with; and
- (c) the terms and conditions of the sale are reasonable having regard to the matters mentioned in subsection (2) (a) and (b) ;