Sheriff Lower Umfolozi
and Mtunzini

       Kwazulu-Natal
Sheriff of the Court
 
 
 
Sheriff: Mrs Y.S.Martin

SPECIAL CONDITIONS OF SALE / REGISTRATION FOR IMMOVABLE PROPERTY
As amended on 16 July 2011
1. The sale is held in terms of applicable legislation, rules and regulations of the Supreme Court Act 59 of 1959,as amended, the Magistrates Court Act 32 of 1944,as amended,the Consumer Protection Act 68 of 2008,as amended and the Financial Intelligence Centre Act 38 of 2001,as amended.
2.The auction shall be under the control of the Sheriff of the Court Lower Umfolozi, its duly authorized employees, and/or representatives. The Sheriff of the Court, in its sole and absolute discretion, shall conduct, regulate and record, (mechanically or otherwise) the auction. The recording of the auction shall constitute prima facie proof of the auction proceedings;
3.The Rules of Auction as deemed to form part of these conditions of sale and the registration conditions are incorporated herein;
4.A prospective bidder must by virtue of the Consumer Protection Act 68 of 2008, as amended, compelled to register as a buyer before commencement of the auction (Reg 26(2));
5.A prospective bidder must comply with the requirements of the Financial Intelligence Centre Act 38 of 2001 (FICA) as amended , prior to the commencement of the auction (Reg 26(2));
6.By registration as a buyer, the prospective buyer confirms that he/she has familiarized himself/herself with the Rules of Auction and applicable conditions of sale of the relevant lot on auction. The most essential hereof, but not excluding the other, is the following:
6.1 after provisional acceptance of a bid, 10% of the purchase price is payable immediately, as deposit
6.2failing immediate payment, the property will summarily be re-auctioned;
6.3the method of payment of the deposit as stipulated in the conditions of sale, Immediate electronic fund transfer (EFT) into my trust account with proof of payment immediately, will be accepted as cash;
6.4auctioneers commission is payable in cash, immediately upon conclusion of the sale;
6.5the conditions of sale must be signed immediately upon conclusion of the sale;
6.6the purchaser shall be held liable for wasted costs and damages failing to comply with the conditions of sale.
7A cash deposit of R15,000.00 registration fee is payable, which is conditionally refundable after conclusion of the sale, or after complying with all the conditions of the sale in the event of the buyer having been the successful purchaser of a property, whichever is applicable ;
8.A representative of the Plaintiff is allowed to bid at the sale without registering, provided he/she hands in a written mandate prior to the commencement of the auction, on the letterhead of the plaintiff, stating the full names and ID number of the person so authorized.
9.Upon provisional acceptance of a bid and thereafter, non compliance with the registration conditions and the conditions of sale by the prospective purchaser, the registration fee, 10% deposit and commission, shall be forfeited as contribution as wasted costs incurred due to the purchaser default;
10.If the bid has not been awarded to a prospective buyer, the registration fee is refundable;
11.No person may interfere with a buyer or bidder or disrupt the auction in any way, and any person who appears to interfere or disrupt proceedings, may be required by the auctioneer or sheriff to leave the premises and buyers who are intimated may report the matter to the auctioneer/sheriff and/to the SAPS;
12.The bid shall be knocked down to the highest accepted bidder who shall be the purchaser.(Reg 28(6));
13.The Sheriff/auctioneer/deputy reserve the right to regulate the bidding. If the Sheriff /auctioneer and/or his deputy makes a mistake in selling, such mistake shall not be binding on any of the parties, but may be rectified according to the discretion of the Sheriff and/or his representative;
14.The Sheriff/auctioneer and/or deputy sheriff may furthermore withdraw any item without notice from auction.(Reg 19(3)(3)).
15.By bidding, the bidder verifies that he/she has acquainted himself/herself with the condition of the property for which he/she bids;
16.TERMS of payment shall be strictly in accordance with the conditions of sale. Immediate electronic fund transfer with proof of payment (EFT) shall be accepted as cash.
17.The Sheriff/auctioneer and/or his deputy may for reasons of his/her own refuse to accept the bid of any person without giving a reason;
18.On the fall of the hammer of each and every auction, a sale be final and irrevocably concluded, subject only to any suspensive terms and conditions as may be applicable to the property/(ies);
19.All sales are "voetstoots", the purchaser shall be deemed to have inspected, thoroughly examined the property/(ies) and have irrevocably accepted the condition and state thereof. The sheriff /auctioneer and /or his deputy do not gives any warranties or guarantees or makes any representation in regards to the condition or state of any property/(ies).