SALE BY PERSON NOT THE OWNER

SALE BY PERSON NOT THE OWNER

As a general rule, the sale of an article by a person who is not the owner, or authorized by the owner to sell confers no title on the buyer.

The Latin maxim is nemo dat quod non habet meaning that you cannot give what you don’t have.

The legal consequence is that no title is passed to the buyer and the buyer will be obliged to give up the article to the true owner.