Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)

Part 4 S Land attachment and residual attachment

Chapter 2 S Attachment of land

The sale S

Prospective

109 Method of sale S

(1) The land in relation to which a warrant for sale is granted under section 97(2) of this Act must be sold in execution of that warrant by the appointed person.

(2) The land may, unless the sheriff otherwise directs, be sold by private bargain or at auction.

(3) The appointed person must consult the creditor before determining which of the methods of sale mentioned in subsection (2) above is to be used.

(4) The appointed person must—

(a) advertise the sale of the attached land; and

(b) ensure that the price at which the land is sold is the best that can reasonably be obtained.