Terms and Basic Conditions of sale 

Immovable Property 

 

Registration

1) Bidders have to reserve a seat to attend the live webcast auction in person.

a) Only clients with a reserved seat are allowed to attend the auction

b) The auction floor capacity is limited to 30 attendees

2) Online bidders have to register to the online auctions on the Online Auctions Africa auctioning website. These bidders can follow the register to bid links on the Sheriff Halfway House/Alexandra website: www.shha.online

 

3) Online and in-person bidders have to make a refundable registration fee of R50 000.00.

a) By instant or immediate EFT into the Sheriff’s trust account (needs to clear within two hours – no exceptions).

b) Cash paying clients attending the live webcast auction in person must make the registration deposit at least 1 hour prior to the start of the live webcast auction.

4) Online and in-person bidders have to submit FICA documents to complete registration.

a) Online bidders must submit their FICA documents on the www.shha.online website.

b) In-person bidders attending the live webcast auction (given they have reserved a seat) can submit their FICA documents:

  • On the www.shha.online website

  • At the auction floor at the Sheriff Halfway House Office, located at 614 James Crescent, Halfway House, Midrand.

 

5) Online and in-person bidders have to provide details stipulated in rule 30(2) of the CPA to complete registration.

a) These can be submitted on the www.shha.online website by following the “Register to bid” links.

6) Registration to bid online closes 12 hours prior to the start of the live webcast auction.

7) It is recommended to make use of the Online bidding facility, instead of attending the live webcast auction in-person, hosted by Online Auction Africa at https://www.onlineauctions.africa/#!/

 

Contact the Sheriff Halfway House office for assistance:
Number: 087 330 1074
Email: herman@shha.co.za

 

Bidding 

1) The opening bid as well as increments to be determined by the auctioneer. 

2) Online bidders that have completed registration and have been approved to place bids can do so before the Live Webcast auction starts.

a) Bids placed before the live webcast auction starts will be the opening bid value for each respective lot.

 

3) The highest bidder, as determined by the auctioneer, at the Live Webcast auction is deemed to be the purchaser of the immovable property. 

 

Payment

1) Successful online bidders have 4 (four) hours, from the conclusion of sale, to make FULL payment of the Sheriff’s invoice, by instant EFT into the Sheriff’s trust account. Floor bidders have to pay their invoices immediately once the auction has been concluded. Once these amounts are received by the Sheriff, are the suspensive conditions of the sale deemed met.

2) The Sheriff’s invoice will include the following payable amounts:

a) 10% of the purchase price as a deposit together with the Sheriff’s commission

Sheriff’s commission:

  • 6% on the first R100,000.00 

  • 3.5% from R100,001.00 to R 400,000.00

  • 1.5% on the balance of the purchase price with a maximum of R40,000.00 plus VAT thereon.

b) Balance of purchase price by way of EFT or bank guarantee within 21 court days from the date of the auction. 

 

3) All of the following amounts are payable by the purchaser of Immovable property on request from the transferring attorneys:

  • All outstanding municipal accounts

  • All outstanding Body Corporate or Homeowners accounts

  • Registration fees

  • VAT on the purchase price if applicable

  • Transfer duty

  • Transfer cost payable as determined by transferring attorneys

  • Transferring attorneys are appointed by the Plaintiff/Execution Creditor
     

4) Failure to comply with any of the payment requirements will result in immediate cancellation of the sale without any further notice

 

Terms and Basic Conditions of sale
Movable Property

 

Registration

1) Bidders have to reserve a seat to attend the live webcast auction in person.

a) Only clients with a reserved seat are allowed to attend the auction

b) The auction floor capacity is limited to 30 attendees

2) Online bidders have to register to the online auctions on the Online Auctions Africa auctioning website. These bidders can follow the register to bid links on the Sheriff Halfway House/Alexandra website: www.shha.online

3) Online and in-person bidders have to make a refundable registration fee of R10 000.00.

a) By instant or immediate EFT into the Sheriff’s trust account (needs to clear within two hours – no exceptions).

b) Cash paying clients attending the live webcast auction in person must make the registration deposit at least 1 hour prior to the start of the live webcast auction.

 

4) Online and in-person bidders have to submit FICA documents to complete registration.

a) Online bidders must submit their FICA documents on the www.shha.online website.

b) In-person bidders attending the live webcast auction (given they have reserved a seat) can submit their FICA documents:

  • On the www.shha.online website

  • At the auction floor at the Sheriff Halfway House Office, located at 614 James Crescent, Halfway House, Midrand.

 

5) Online and in-person bidders have to provide details stipulated in rule 30(2) of the CPA to complete registration.

a) These can be submitted on the www.shha.online website by following the “Register to bid” links.

6) Registration to bid online closes 12 hours prior to the start of the live webcast auction.

7) It is recommended to make use of the Online bidding facility, instead of attending the live webcast auction in-person, hosted by Online Auction Africa at https://www.onlineauctions.africa/#!/

 

Contact the Sheriff Halfway House office for assistance:
Number: 087 330 1074
Email: herman@shha.co.za

 

Bidding 

1) The opening bid as well as increments to be determined by the auctioneer. 

2) Online bidders that have completed registration and have been approved to place bids can do so before the Live Webcast auction starts.

a) Bids placed before the live webcast auction starts will be the opening bid value for each respective lot.

 

3) The highest bidder, as determined by the auctioneer, at the Live Webcast auction is deemed to be the purchaser of the movable property. 
 

Payment

The full purchase price plus VAT is payable immediately (fall of the hammer) by immediate/instant EFT into the trust account of the Sheriff Halfway House/Alexandra.
 

Collections

1) Purchased goods may be collected by appointment only once full payment has been received.

 

2) Successful bidders need to arrange a date and time of collection, subject to Sheriff Halfway House/Alexandra collection schedule.
 

3) If no collections have been made during the scheduled collections schedule of Sheriff Haflway House, a storage fee of R50 per square meter per day will be charged. A bidder charged with this additional fee will have to settle the outstanding amount before goods are released.
 

4) If items are not collected within two weeks from the respective date of the auction, items will be re-sold.

Rules of the Auction

Public Auction Conducted by the Sheriff of Higher and Lower Court 

1. 

 

The envisaged auction sale will take place as per notices of sale in execution “Fixed Property” The sale in execution will commence at the mentioned time and will not be delayed to enable any specific person or any other person, in general, to take part in a sale in execution.

 

 

2. 

 

The auction will be conducted by either the Sheriff or his appointed deputy. The first mentioned being the duly appointed sheriff in terms of section 2 of the Sheriff act 90 of 1986, as amended, or the duly appointed deputies.

 

3. 

 

Section 45(2) of the Consumer Protection Act states: 

 

“...(2) When goods are put up for sale by auction in lots, each lot is, unless there is evidence to the contrary, regarded to be the subject of a separate transaction”

 

4. 

 

A person attending an auction to bid must register as a bidder and comply with the requirements of;

 

• The Consumer Protection Act 68 of 2008, as amended;

• The Financial Intelligence Centre Act 2001 (FICA) in respect of the establishment and verification of identity.

 

Further requirements for registration as a bidder:

 

A person attending the auction to bid on behalf of another entity must produce a letter of authority, expressly authorising him/her to bid as such. If a person will be bidding on behalf of a company, the letter of authority must appear on the letterhead of the company and must be accompanied by a certified copy of the resolution authorising him/her to do so. Both the bidder and mandator must comply with the requirements of the Financial Intelligence Centre Act 2001 (FICA), in respect of the establishment and certification of Identity.

 

5. 

 

In accordance with the prescription of Section 22 of the Sheriff’s act 90 of 1986 as amended, all proceeds of the sale together with the commission as prescribed in the applicable court rule tariffs will be deposited into the Sheriff’s trust account.

 

6. 

 

The reason for auction will be announced at the commencement thereof.

 

The bidder’s record (Reg 26(2) of Act 68 of 2008), as amended and the vendu roll – Reg 28(4) of Act 68 of 2008, (as amended) are available for inspection during office hours.

 

A breakdown of the total cost of advertisement and conducting an auction together with a statement indicating the additional cost and how such costs are computed will on request be available after the auction as soon as practically possible.

 

If these rules of auction are amended after their initial publication, such an amendment will expressly be indicated by the auctioneer.

 

These rules will not be read out at the auction in order to validate it and will be made available for inspection at the above mentioned address of the office of the Sheriff Halfway House – Alexandra, at least 2 hours prior to commencement of the auction.

 

Inspection of;

 

Movable goods offered for sale may be done at the address advertised, 2 days prior to the commencement of the sale in execution.

 

Immovable property for sale, cannot be guaranteed due to the nature of the sale.

 

It is hereby certified that the rules of the auction are drafted to the best of (our) knowledge in accordance with the requirements of Regulations 21 of the Consumer Protection Act of 2008 as amended.

 

GENERAL NOTIFICATION TO ALL CONSUMERS 

 

In order to further comply the sheriff should make available, display, or announce further information related to the auction as such:

 

GENERAL NOTIFICATION

 

This is a sale in execution pursuant to a judgement obtained in the relevant Court. Rules of this auction are available 24 hours before the sale at the office of the Sheriff and subject to:

 

1. Registration as a buyer, subject to certain conditions, is required in terms of the Consumer Protection Act.

2. FICA requirements: proof of identity and address particulars;

3. Payment of registration monies and compliance with the registration conditions;

4. All other conditions of sale imposed by the Sheriff in terms of relevant legislation;

5. The Sheriff or his deputy will conduct the sale (auction);

6. Advertising costs at current publication tariffs and sale costs according to the court rules will apply