THE TRANSFER OF PROPERTY ACT 483
their safe custody and to produce them or give true copies when required.
(ii) When property is sold in different lots—the purchaser of the lot of the greatest lot is entitled to the documents— subject to the same obligations as above.
By an express covenant, it may be given to the purchaser of the largest lot i.e. in area.
- The sub-section does not say what is to happen if the sales are at different times.
BUYER’S LIABILITIES
I. B EFORE C ONVEYANCE
Section 55 (5) (a)— To disclose facts relating to the interest of the seller in the property materially increasing value.
Every purchaser is bound to observe good faith in all that he says or does in relation to the contract and must abstain from all deceipt, whether by suppression of truth or by suggestion of falsehood.
The buyer, however, is under no duty to disclose latent advantages as the seller is to disclose latent defects.
To this rule, matters of title are an exception. Although the seller’s title is ordinarily a matter exclusively within his knowledge, yet there may be cases where the buyer has information which the seller lacks. In such cases he must not make an unfair use of it.
Illustration 1. — Summers vs. Griffiths.
An old women sold property at an undervalue believing that she could not make out a good title to it while the buyer knew that she could. The sale was set aside.
Illustration 2. — Ellard vs. Llandaff (Lord)
The lessee obtained a renewal of a lease, in consideration of a surrender of the old lease, suppressing the fact (that)* the person on whose life the old lease depended was on his death-bed.
- Inserted—ed.