Sheriff Lower Umfolozi
and Mtunzini

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

SPECIAL CONDITIONS OF SALE / MOVABLE PROPERTY ON AUCTION
 
1.The sale is held in terms of the applicable legislation, rules and regulations of the Supreme Court Act 59 of 1959,as amended, the Magistrates Court 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 "Rule of the Auction" are deemed to form part of these special conditions of sale and the registration conditions are incorporated herein;
3.By virtue of the Consumer Protection Act 68 of 2008, as amended, every prospective bidder is required to register as a buyer prior to the commencement of the auction
Reg 26(2).
4.Every bidder is required to comply with the Financial Intelligence Centre Act 38 of 2001 (FICA), prior to the commencement of the auction.(Reg 26(2).
5.The auction shall be under the control of the Sheriff of the Court for Lower Umfolozi or her duly authorized employee. The Sheriff of the Court or her duly authorized employee, in their 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;
6.By registration as a buyer, the prospective buyer confirms that he/she has familiarized himself/herself with the Rules of the Auction and applicable conditions of sale of the relevant lots property on auction;
7.A cash deposit of R500-00 registration fee is payable, which is conditionally refundable after conclusion of the auction or after complying with all the conditions of sale in the event of the buyer having been the successful purchaser of a lot ,whichever is applicable;
8.Upon acceptance of a bid and thereafter, non compliance with the registration conditions and/or the conditions of sale by the prospective bidder, the registration fee, shall be forfeited as contribution to wasted costs incurred due to the purchasers default;
9.If a bid has not been awarded to a prospective bidder, the registration fee is refundable;
10. The Sheriff of his duly authorized representative, may withdraw any item from any group of lots on auction at any time before knockdown, without there being any penalty or the need for any prior notice; ( reg 19(3)A)
11.The highest accepted bidder shall be the purchaser for the respective lot or lots offered for sale at the auction; (Reg 28(6);
12.No person/s may interfere, intimidate and/or harass a buyer or bidder in any way, any person/s found to interfere and/or disrupt the proceedings, may be required by the Sheriff/auctioneer to leave the premises. A bidder may report the matter to the SAPS.
13.If the Sheriff makes any mistake in selling, such mistake shall not be binding on any the parties but may be rectified according to the discretion of the Sheriff and/or his/her representative;
14.All sales are "voetstoots" the prospective bidder shall be deemed to have inspected, thoroughly examined the lots and have irrevocably accepted the condition and the state thereof. The Sheriff or his/her representative gives no warranties or guarantees or makes any representations in regards to the condition or state of any of the lot/s;
15.All bids made at the auction are exclusive of VAT;
16.On the fall of the hammer of each and every auction, a sale shall be finally and irrevocably concluded, subject only to any suspensive terms and condition as may be applicable to any lot/s;
17.The risk in and to the lots sold, shall pass to the purchaser on the fall of the hammer, even though delivery has not yet taken place. The purchaser shall bear the risk in and to the lots remaining on the premises of the Sheriff, in particular for any shortages and/or damages that may occur. The purchaser shall remove the lots purchased from the Sheriffs premises by close of business on the day of the auction;
18.No goods may be removed until paid for in full and after conclusion of the auction in its entirety;
19.No bids less than R10-00 will be accepted;
20.Payment shall be made in cash and payable in full immediately after the conclusion of the auction sale;
21.Right of admission to the auction/sales room is reserved .(Reg 28(3)and 28(5).