Section 65 — Conveyancing Act 1919 (NSW)

(1) In the case of a sale of land by auction—
(a) where the sale is not notified in the conditions of sale to be subject to a right to bid on behalf of the vendor, the vendor shall not be entitled to bid himself or herself or to employ any person to bid at the sale, nor shall the auctioneer be entitled to take any bid from the vendor or any such person; any sale contravening this rule may be treated as fraudulent by the purchaser,
(b) a sale may be notified in the conditions of sale to be subject to a reserved or upset price, and a right to bid may also be therein expressly reserved by or on behalf of the vendor,
(c) where a right to bid is expressly reserved, but not otherwise, the vendor or any one person on the vendor’s behalf may bid at the auction.
(2) This section applies to land under the provisions of the Real Property Act 1900.

Related sections

• s 61 — Conditions of sale and agreements as to stamp duty void
• s 63 — Covenants to produce implied by schedule of documents
• s 64 — Satisfaction of covenants to produce deeds
• s 66 — Provision by court for incumbrances and sale freed therefrom
• s 66A — Consents to the execution of a trust for sale
• s 66B — Purchaser not to be concerned with the trusts of the proceeds of sale which are to be paid to two or more trustees or to a trust corporation

Research how courts apply s 65

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.