What are the elements of a bona fide purchase?

California, United States of America


The following excerpt is from Garcia v. Lopez, 2d Civil No. B203024 (Cal. App. 9/16/2008), 2d Civil No. B203024 (Cal. App. 2008):

"`[A] bona fide purchaser for value who acquires his interest in real property without notice of another's asserted rights in the property takes the property free of such unknown rights. [Citations.]' [Citations.] `"The elements of bona fide purchase are payment of value, in good faith, and without actual or constructive notice of another's rights. [Citation.]" [Citation.]' [Citation.]" (Melendrez v. D & I Investment, Inc. (2005) 127 Cal.App.4th 1238, 1251.)

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