What is a bona fide sale
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.
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