By Melodie Veldhuizen
The rules and procedures of all auctions must comply with the provisions set out in section 45 of the Consumer Protection Act (No. 68 of 2008) and the regulations applicable to auctions.
All prospective bidders must register online and pay a registration fee as no bid by an unregistered person will be valid.
You must provide the following information in order to register: name and surname, age, telephone number, email address, residential address, identity or passport number, and proof of residence, as well as details of how payment will be made.
A deposit is payable on registration.
On registration you will get an account or a bidder number that you have to keep safe.
If you are bidding on behalf of someone else, you must also provide a letter of authority.
The auctioneer reserves the right to refuse any registration.
The rules are the basis of the bidding and negotiation process between the auctioneer and the bidders and are made known to the public at least 24 hours before the commencement of the auction, either electronically or in printed format.
The registration for and participation in the auction imply that the prospective bidder understands and accepts the auction rules and has the financial capability and intention to pay for what he bids on.
The right of admission to the auction is reserved and the auctioneers may refuse any unauthorised access.
All persons enter the auction site at their own risk.
The auction will start promptly at the indicated time.
The auctioneers reserve the right to exclude goods and/or lots of goods offered and to refuse acceptances, bids or offerings, or to any time terminate the auction (this applies to online auctions too).
Any form of manipulation or collusion between bidders who themselves can benefit from the sales is strictly forbidden.
The auctioneer reserves the right to at any time revoke a bidder’s number and to order him to leave the premises.
Regarding online auctions, the auctioneers reserve the right to exclude any bidder from any online transaction or to block a registration should he transgress any provisions and conditions.
All online bidders as well as the auctioneers are subject to the confidentiality policy. It is strictly forbidden to use the auction website for any fraudulent, criminal or offensive activities that may upset other persons or cause inconvenience.
Preinspection by the prospective bidder
In accordance with regulation 32 of the Consumer Protection Act the following applies to vehicles and lots made available for inspection by bidders:
A notice with specific details about the vehicle must be displayed.
Unless otherwise specified, all goods and lots are sold with no obligation by the seller or auctioneers to have them repaired. The auctioneer has no knowledge of hidden defects and cannot be held liable for them.
It is the bidder’s responsibility to inspect the goods offered and accept them as such or not.
A bid is accepted as proof that the person is satisfied with what he bids on.
General safety procedure
The Consumer Protection Act makes provision for goods with or without a reserve price to be offered at the same auction provided that the advertisement clearly indicates the manner in which items are offered.
The auctioneer alone is in control of the auction – he controls the bidding process and by how much the amount is increased every time. He reserves the right to withdraw goods or lots from the auction at any time and to schedule a subsequent auction.
Bidders must direct their bids directly at the auctioneer or his official assistant.
Each bid entails a specific offer to buy the item for the amount offered by the bidder.
The bid is knocked down to the person who offers the highest amount at the closing time when the hammer falls. If a dispute arises between two or more bidders regarding the identity of the highest bidder or buyer the auctioneer may by order of the auctioneers arrange a further auction.
No offer may be withdrawn after the bid has been accepted.
When does the buyer take posession of the goods purchased?
In the case of purchases involving documents to be completed and delivered by the seller or any third party (usually in the case of vehicles and properties) the auctioneer will make the goods available as soon as this administration has been finalised.
The risk of damage to or loss of the purchased goods immediately passes to the buyer even if it is stored on the auctioneer’s premises.
The buyer must remove his purchases from the site within 48 hours of the end of the auction.
Thereafter a fixed amount of storage per day will be charged and is payable before the goods may be removed.
No goods may be removed during the auction. This may only be done during business hours.
All prices at an auction exclude VAT, other applicable sales tax and auctioneer’s commission.
At closing time of the auction the buyer is reponsible for paying all costs. Only after paying may he take posession of the goods he bought.
Should the buyer get financing, he must get preapproval for the full amount from the firm concerned. If he cannot obtain this in time, he is still liable for all costs.
No cash is accepted and the amount owing must be deposited in an account the details of which the auctioneers will provide.
The auctioneers are not held liable for loss or damage suffered by the buyer due to the termination or cancellation of the sales.
The auctioning house is entitled to resell or auction again all goods the buyer did not pay for or only paid in part.
Should the auctioneers for any reason whatsoever decline the buyer’s offer, the buyer is not liable for any fees such as commission. In the event of commission or other monies having been paid already, the buyer will receive a refund together with his refundable registration money. After this, the respective parties will not have any financial obligations towards each other.