Sheriff Pretoria South East

M N Gasant

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General Conditions of Sale for Fixed / Movable Property.

Please contact the office as each property scheduled for sale has its own set of conditions.

The some of the most important conditions of sale is listed below.

The auction will be conducted in terms of the Magistrates Court Act and/or the Supreme Court Act and the rules promulgated there under.

All the articles presented for auction will be sold without reserve (not always) to the highest bidder. The goods will be sold “VOETSTOOTS” and no GUARANTEE of whatever nature will be given.

Our terms are CASH, payable immediately after the sale. In event of a purchaser unable to pay by cash or cheque acceptable to the Sheriff, the articles purchased will again be put up for auction and the original bidder may be held responsible for any DEFICIT IN THE PRICE as a result of his/her default. Purchasers, who wish to pay by cheque, should make arrangements with the Sheriff prior to the commencement of the sale.

VALUE ADDED TAX will be added to all goods to which value tax is applicable in terms of the Tax Act No. 89 of 1991 as amended.

The Sheriff reserves the right to decide who is the last bidder and also reserves the right to refuse any bid without giving a reason.

All goods purchased should be remove before 12h00 on the DAY AFTER THE SALE, failing which STORAGE CHARGES will be levied (movables).

Although ownership will only be pass to the purchaser on receipt of the full purchase price, all risks as to the goods purchased will however pass from the time of acceptance of a bid by the Sheriff.

The decision in NEUGEBAUER & Co. Ltd. vs HERMAN 1923 AD (574) must be noted: It is fraud against the seller if buyers from a “RING” or a “KNOCKOUT” arrangement i.e. to combine to stifle competition by not bidding against each other in order to obtain an article or articles at a DECREASED price. Where the Sheriff has reason to believe that a bidder is a RING MEMBER, he is not obliged to recognise his/her bid.

Bids will only be accepted from persons who have REGISTERED as prospective bidders and who are in possession of BIDDING NUMBERS.

 

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