BANK SALE PROPERTY REPOSSESSION AUCTION THURSDAY 19 APRIL 2018 @ 12H00 MFC AUCTION HOUSE GAUTENG, PRETORIA ROAD (M57), WITFONTEIN CATALOGUE FOR ANY QUERIES PLEASE CONTACT THE LISTING AGENT OR OUR OFFICES ON (021) 425 8822
AUCTION REGISTRATION REQUIREMENTS In order to bid at the auction you need to provide a certified copy of your identity document and current (not older than 3 months) proof of residence There will be NO nominations allowed after the auction. Should you wish to buy on behalf of a Company, Closed Corporation or Trust, you will require the following: a. On behalf of a Company i. Company resolution signed by all Shareholders authorising a person to bid on their behalf for a specific property (property information). ii. Company registration documents iii. ID of all Shareholders/Directors b. On behalf of a Close Corporation i. Company resolution signed by all Shareholders authorising a person to bid on their behalf for specific property (property information). ii. Company registration documents iii. ID of all Shareholders/Directors c. On behalf of a Trust i. Resolution signed by all Trustees authorising a person to bid on their behalf for a specific property (property information). ii. Trust registration documents iii. ID of all Trustees PAYMENT TERMS 5% deposit & 6% auctioneers fee (incl. Vat on fee), payable on the fall of the hammer by means of bank guaranteed cheque or EFT only. Balance payable on transfer. The Bid Price includes VAT no Transfer Duty is payable Should you be the highest bidder on a property for the amount of R 50,000.00 or less, you will be required to make payment of the FULL PURCHASE PRICE on the day of the auction AVAILABLE ON OUR WEBSITE Conditions of Sale & Rules of Auction www.claremart.co.za STANDARD CONDITIONS OF SALE See standard Conditions of Sale at the rear of the catalogue. FOR ENQUIRIES (Telephone) 071 441 2858 (Email) bankauctions@claremart.co.za NOTICE TO PROSPECTIVE PURCHASERS The bank does not guarantee vacant occupation of the property. The information contained in this catalogue has been supplied to prospective purchasers with the seller s consent and on the understanding that it is supplied as general information only. Any plans, diagrams, drawings or photographic material supplied herein may not be to scale and no warranties are given in respect thereof. The Claremart Auction Group does not warrant the accuracy of the information or content contained herein and prospective purchasers are to conduct their own investigations on the property prior to the bidding process.
(REF: 824617) erf 907, ap khumalo, katlehong, GERMISTON Erf Number: 907, A P Khumalo (240m²) Rates p.a.: ±R1 356 (REF: 824918) 5 sea rest street, east beach, port Alfred, port Elizabeth Rectangular shaped vacant land Erf Number: 5766, Port Alfred (1001m²) Rates p.a.: ±R2 378 Zoning: Single Residential (REF: 825593) 152 vaal de grace estate, eiland no 13 farm, parys This is a vacant piece of land situated in a secure golf estate, on an island adjoining the Vaalriver. Portion 152 of farm 502 (672m²) Registration Division: IQ (REF: 826042) 15870 ugaka street, vosloorus ext 16, BOKSBURG Erf Number: 15870 (396m²) Rates p.a.: ±R813 (REF: 826131) 38 debeza street, khayelitsha, CAPE TOWN Erf Number: 29278, Khayelitsha (168m²) Rates p.a.: ±R 1 613
(REF: 826597) erf 2359, likole ext 1, germiston Situated near all basic amenities Erf Number: 2359, Likole Ext 1 (280m²) Rates p.a.: ±R3 288 (REF: 826627) erf 4684, kusasa street, roodekop ext 21, germiston This property consists of 3 Bedrooms, 1 Bathroom, Kitchen and a Dining room. Erf Number: 4684, Roodekop Ext 21 (145m 2 ) (REF: 827047) 980 triggerfish crescent, lawley ext 1, WESTONARIA This property is situated close to amenities. Erf Number: 980, Lawley Ext 1 (386m²) Registration Division: IQ Rates p.a.: ±R4 654 (REF: 827132) erf 7383, mamelodi, pretoria 2 Bedroom house with outbuildings on property. Erf Number: 7383, Mamelodi (273m²) Registration Division: JR Rates p.a.: ±R1 532 (REF: 827155) units 1 & 2, ashdan manor, 29 tracy watts ROAD, fields hill, pinetown Main House comprises 5 Bedrooms, 1 full bathroom, 1 separate toilet, 2 lounge areas, 1 dining room and a kitchen. Scheme Name and Number: SS Ashdan Manor, 127/1986 Unit Numbers: Unit 1 (177m²) Unit 2 (267m²) Rates p.a.: Unit 1: ±R23 661 Unit 2: ±R33 461 Zoning: Special Residential
(REF: 827356) 18 forbes drive, st helier ext 1, gillitts Property comprises: 5 Bedrooms (2 with en-suites) Big open plan kitchen (BIC s) 1 Dining room 3 full bathrooms 3 garages and a big carport for 2 vehicles 2 bedroom guest house with shower and toilet Swimming pool made on green granite with big waterfall 3 Lounge areas (2 with fireplaces) Scullery 3 guest toilets 1 store room Entertainment area with gazebo and two maids quarters Children s jungle gym equipment Tennis court Erf Number: 50, St Helier Ext 1 (4155m²) Registration Division: FT Rates p.a.: ±R22 048 (REF: 827391) Erf 4185, olivien road, ennerdale ext 5, johannesburg The house comprises of 3 Bedrooms, a kitchen, dining room, lounge, 2 bathrooms and 2 garages. Erf Number: 4185, Ennerdale Ext 5 (443m²) Registration Division: IQ Rates p.a.: ±R2 057 (REF: 827588) 3739 ikageng street, block a, lethlabile-a This corner property comprises of a three bedroom, clinker brick house with a flat roof made of IBR sheeting. Erf Number: 3739, Lethlabile-A (729m²) Registration Division: JQ Rates p.a.: ±R918 (REF: 827597) tonbridge & eaton roads corner, henley-on-klip, meyerton Vacant land on outskirts of area, far from river front. Portion 3 of 1231, Henley On Klip (2298m²)
(REF: 827621) 2 glenco road, de doorns Large home. Erf Number: 809, De Doorns (1384m²) Rates p.a.: ±R13 212 (REF: 827623) unit 2 frere road no 11, 11 esther roberts road, bulwer, durban Property situated close to all major roadways and amenities. Sectional Scheme Name & Number: SS Frere Road No 11, 41/1995 Unit Number: 2 (102m²) Rates p.a.: ±R7 844 (REF: 827630) UNIT 1 CORNELPLEK, 1 CORNEL PLACE, GEELHOUTPARK EXT 6, RUSTENBURG This unit comprises a facebrick structure with a tiled roof. The floors are tiled and it has a thatched lapa attached to the building with perimeter walls around the property. Sectional Scheme Name & Number: SS Cornelplek, 629/2000 Unit Number: 1(87m²) Registration Division: JQ (REF: 827659) portion 65 of erf 849, tlhabane west, bafokeng This house has a single garage, tiled roof and is close to amenities Portion 65 of 849, Tlhabane West (352m²) Registration Division: JQ (REF: 827662) WILGESPRUIT FARM, PTN 413 (re) OF 190, ROODEPOORT Portion 413 (remaining extent) of Farm 190, Pretoria (2.3283 Ha) Registration Division: IQ
(REF: 827667) 30 GRIFFITH ROAD, BOSMONT, JOHANNESBURG This is a brick and mortar constructed dwelling with a tiled pitched roof. It is close to amenities and major roads. Erf Number: 484, Bosmont (496m 2 ) Registration Division: IQ Rates p.a.: ±R3 232 (REF: 827671) 2 & 4 kleyn street, oranjeville, parys Vacant Stand Erf Numbers: 2 Kleyn Street: 669 (2181m²) 4 Kleyn Street: 668 (2397m²) Registration Division: HEILBRON RD (REF: 827672) 10567 MAKHURA STREET, VOSLOORUS EXT 14, BOKSBURG This property is situated close to all necessary amenities. Erf Number: 10567, Vosloorus Ext 14 (242m²) Rates p.a.: ±R2 767 (REF: 827676) 4168 abysina mnisi street, kwa-guqa ext 7, witbank This property is close to schools, taxi routes and other amenities. Erf Number: 4168, Kwa-Guqa Ext 7 (300m²) Registration Division: JS (REF: 827688) 56 Edward street, westdene, benoni western ext 2 This property is situated in a secure location with a boom at the entrance. Erf Number: 2920, Benoni Western Ext 2 (2367m²) Rates p.a.: ±R16 925
(REF: 827694) 12 sherwood avenue, beacon bay, east london Fitted Kitchen with granite counter tops 4 Bedrooms (3 with BIC) Fire place in lounge Alarm System Remote controlled gate and intercom Large pool Outbuildings & double garage attached to house Erf Number: 94, Beacon Bay (1372m²) Registration Division: East London RD Rates p.a.: ±R14 786 (REF: 827697) erf 6470, kwa-guqa ext 10, witbank This property is close to schools, taxi routes and other amenities. Erf Number: 6470, Kwa-Guqa Ext 10 (200m²) Registration Division: JS (REF: 827701) 1671 ogle street, ramsgate ext 3, SOUTH COAST This is a double storey home with a double garage underneath the house. Erf Number: 1671, Ramsgate Ext 3 (1352m²) Registration Division: ET Rates p.a.: ±R6 033 (REF: 827702) 26 Evans Road, lennox estate, east london This 3 Bedroom house contains a kitchen with granite counter tops and a full bathroom that has been tiled to the ceiling. Erf Number: 45159, East London (293m²) Registration Division: East London RD (REF: 827703) unit 71 (door 59) the boulevards, andries potgieter boulevard, vanderbijlpark Section Scheme Name & Number: SS The Boulevards, 34/2008 Unit Number: 71 (128m²) Registration Division: IQ
(REF: 827705) 18 jadeite crescent, ennerdale ext 5, johannesburg Erf Number: 3844, Ennerdale Ext 5 (263m²) Registration Division: IQ (REF: 827709) unit 122 (door 53) lion ridge, 53 jeanette street, ridgeway ext 8, johannesburg Semi-detached unit. Sectional Scheme Name and Number: SS Lion Ridge, 6/1997 Unit Number: 122 (57m²) (REF: 827710) unit 76 (door 21) graaf reinet oord, ferranti street, vanderbijlpark cw 5 ext 1 Sectional Scheme Name and Number: SS Graaf Reinet Oord, 102/2001 Unit Number: 76 (71m²) (REF: 827717) unit 36 die heuwel estate iib, river view street, die heuwel ext 19, witbank Unit is in a fairly new complex, close to schools, shopping centre and other amenities. Sectional Scheme Name & Number: SS Die Heuwel Estate IIB, 72/2018 Unit Number: 36 (156m²) Registration Division: JS (REF: 827719) 64 CYCLAMEN ROAD, KARENPARK, AKASIA This property has a double garage and is situated near Wonderpark Shopping Mall and all other amenities. It also has easy access to all major roadways. Erf Number: 238, Karenpark (1650m²) Registration Division: JR Rates p.a.: ±R6 619
(REF: 827722) unit 12 uvongo garden estate, 2 henry avenue, UVONGO, PORT SHEPSTONE This 3 Bedroom unit comprises of 2 bathrooms, kitchen with granite counter tops and laminated flooring. It also has a double garage. Sectional Title Name & Number: SS Uvongo Garden Estate, 557/2008 Unit Number: 12 (144m²) Registration Division: ET Rates p.a.: ±R10 704 (REF: 827726) 75 upper hill street, port elizabeth central Semi detached house with only street parking Erf Number: 5586, Port Elizabeth Central (291m²) (REF: 827728) 811 Letsihaba Street, Jouberton Ext 6, Klerksdorp Erf Number: 10995, Jouberton Ext 6 (375m²) Registration Division: IP Rates p.a.: ±R12 364 (REF: 827729) Unit 31 le voila, 13 vaal drive, sylviavale, vanderbijlpark Unit is situated in a security complex and comprises of 3 Bedrooms, 2 Bathrooms, Open plan living & dining area, Kitchen as well as 2 Garages. Sectional Scheme Name & Number: SS Le Voila, 348/2007 Unit Number: 31 (179m²) (REF: 827730) 3 shelley place, haven hills, east london This two bedroom house has an open plan lounge and kitchen. One bedroom has built in cupboards. It also has a single garage. Erf Number: 71051, East London (391m²) Registration Division: East London RD
(REF: 827731) 115 lamport street, richmond ext 1, pietermaritzburg Facebrick property with tiled roof. Erf Numbers: 579 & 580, Richmond Ext 1 Erf Sizes: - Erf 579: 1337m² - Erf 580: 1162m² Rates per annum: - Erf 579: ±R4 795 - Erf 580: ±R3 050 Registration Division: FT (REF: 827733) 186 KERK STREET, NYLSTROOM EXT 11 The house has a double garage and is situated in a suburb close to amenities. Erf Number: 1372, Nylstroom Ext 11 (1237m²) Registration Division: KR Rates p.a.: ±R1 461 (REF: 827734) 35 olien way, mooinooi ext 4 Enclosed, facebrick home with tiled roof is situated close to all amenities. Erf Number: 507, Mooinooi Ext 4 (1368m 2 ) Registration Division: JQ (REF: 827735) unit 1 celtic close, 14 celtic road, greenwood park, duiker fontein, NORTH COAST Sectional Scheme Name & Number: SS Celtic Close, 71/1989 Unit Number: 1 (112m²) (REF: 827737) 64 rose street, florida ext, roodepoort This property is close to amenities and major roadways. Erf Number: 1123, Florida Ext (2004m²) Registration Division: IQ
(REF: 827741) UNIT 48 EDEN VILLAGE, CILIARIS STREET, DORANDIA EXT 16, PRETORIA Unit situated in an access controlled security complex in sought after area. Scheme Name & Number: SS Eden Village, 534/2009 Unit Number: 48 (51m²) Registration Division: JR (REF: 827743) Farm 226, baviaans hoek farm, warmbaths Farm Number: 226, Limpopo (65.2320 Ha) Registration Division: KS (REF: 827744) 130A commissioner street, kempton park ext 2, kempton park Located close to most amenities Erf Number: Portion 1 of 953, Kempton Park Ext 2 (502m²) (REF: 827746) 77 HAWTHORN STREET, KOKSTAD, port shepstone This is a 5 Bedroom house comprising of 2 Bathrooms, 3 Living rooms and a Laundry. It also has a carport and is situated close to the Kokstad CBD. Erf Number: 1354, Kokstad (1237m²) Registration Division: ES Zoning: Special Residential (REF: 827748) unit 81 villa primarius, waterval east ext 42, rustenburg The unit is situated in a secure complex. Sectional Scheme Name & Number: SS Villa Primarius, 593/2009 Unit Number: 81 (47m²) Registration Division: JQ
(REF: 827750) 16 FLAMBOYANT STREET, BOSPOORT, BELA-BELA Vacant Stand Erf Number: 16, Bospoort (570m²) Registration Division: KR (REF: 827753) 43 ou wapad way, ifafi, hartebeespoort Enclosed, facebrick house close to amenities. Erf Number: 312, Ifafi (1550m²) Registration Division: JQ (REF: 827755) 5 brink street, stilfontein ext 3, STILFONTEIN This property is situated in an old mining town, close to all amenities. Erf Number: 1328, Stilfontein Ext 3 (912m 2 ) Registration Division: IP Rates p.a.: ±R10 362 (REF: 827756) ptn 25 of erf 2567, 25 glen marimate street, white river ext 46 Portion 25 of Erf 2567, White River Ext 46 (238m²) Registration Division: JU (REF: 827759) ptn 9 of erf 19, 23 protea avenue, alan manor, johannesburg Portion 9 of 19, Alan Manor (1983m²) Registration Division: IQ
(REF: 827760) UNIT 7 Transvalia west, 17 merriman avenue, vereeniging Sectional Scheme Name and Number: SS Transvalia West, 606/1993 Unit Number: 7 (32m²) (REF: 827761) 10 kei west street, three rivers ext 1, vereeniging Erf Number: 788, Three Rivers Ext 1 (1224m²) Registration Division: IQ Rates p.a.: ±R19 118 (REF: 827763) unit 611 african city, 174 rahima moosa street, johannesburg Complex situated close to amenities and major roadways. Sectional Scheme Name and Number: SS African City, 315/2007 Unit Number: 611 (35m²) Registration Division : IR Rates p.a.: ±R7 669 (REF: 827764) unit 811 african city, 174 rahima moosa street, johannesburg Complex situated close to amenities and major roadways. Sectional Scheme Name and Number: SS African City, 315/2007 Unit Number: 811 (34m²) Registration Division : IR Rates p.a.: ±R7 404 (REF: 827765) unit 814 african city, 174 rahima moosa street, johannesburg Complex situated close to amenities and major roadways. Sectional Scheme Name and Number: SS African City, 315/2007 Unit Number: 814 (44m²) Rates p.a.: ±R8 991
(REF: 827766) unit 1011 african city, 174 rahima moosa street, johannesburg Complex situated close to amenities and major roadways. Sectional Scheme Name and Number: SS African City, 315/2007 Unit Number: 1011 (35m²) Rates p.a.: ±R7 669 (REF: 827767) unit 1014 african city, 174 rahima moosa street, johannesburg Complex situated close to amenities and major roadways. Sectional Scheme Name and Number: SS African City, 315/2007 Unit Number: 1014 (45m²) Rates p.a.: ±R9 255 (REF: 827768) unit 1303 african city, 174 rahima moosa street, johannesburg Complex situated close to amenities and major roadways. Sectional Scheme Name and Number: SS African City, 316/2007 Unit Number: 1303 (32m²) Rates p.a.: ±R7 140 (REF: 827770) unit 38 (door 61) midrand gardens, 383 van heerden ave, halfway gardens ext 77 Situated in a complex, close to all amenities and major roadways. Sectional Scheme Name & Number: SS Midrand Gardens, 515/2007 Unit Number: 38 (96m²) (REF: 827772) 9 nahoon crescent, beacon bay Large double storey house with basement garage for 4 vehicles. This property comprises of 4 spacious bedrooms, fireplace in lounge area, entertainment area, big verandah, an attic, poolside braai area, 3 remote controlled gates and an alarm. It also has a granny flat on the plot. Erf Number: 459, Beacon Bay (1886m²) Registration Division: East London RD
(REF: 827773) PTN 3 OF ERF 846, 77 3rd street, fochville Complex situated close to amenities and major roadways. Portion 3 of Erf 846, Fochville (2520m²) Rates p.a.: ±R15 531 Zoning: General Residential (REF: 827777) 320 summerset place 1, sagewood ext 22, midrand, JOHANNESBURG Unit situated in a secured estate. Close to all amenities and major roadways. Sectional Scheme Name and Number: SS Summerset Place 1, 529/2014 Unit Number: 320 (67m²) Registration Division: JR (REF: 827780) portion 172 of Erf 1, 21 akasia lane, balfour Portion 172 of Erf 1, Grootvlei (534m²)
IMMOVABLE CONDITIONS OF SALE This sale of the property by public auction is subject to the following conditions of sale (the Conditions ): 1. The property will be sold by the rise and bids will be taken in South African currency. 2. The property is sold Voetstoots as it now stands. This means that neither the Seller nor the Auctioneer shall be liable for any latent or patent defects therein. Neither the Seller nor the Auctioneer shall be liable to indicate boundaries nor any existing encroachments. The Seller hereby renounces all claims to any excess and will not be answerable for any deficiency in the declared extent thereof. 3. The Purchaser purchases the property subject to: 3.1 Any and every condition and servitude specified in the current and all prior title deeds and diagrams; 3.2 All other rights of and conditions imposed by any statutory authority; 3.3 Its own investigations and due diligence of the property and the purchaser declares that it has satisfied itself in all respects with the condition and state of the property prior to the sale by public auction. 4. The Auctioneer shall resolve any dispute which may arise between bidders at the auction and the Auctioneer s decision shall be final and binding. 5. The Purchaser shall sign the Conditions immediately after the auction. 6. The Purchaser is liable to effect payment of the purchase price by payment of:- 6.1 an initial deposit of 5% of the purchase price at the fall of the hammer; 6.2 the Auctioneer s Commission of 6% (incl. VAT) at the fall of the hammer; 6.3 the balance of the purchase price, simultaneously against registration of transfer of the property into the Purchaser s name. 6.4 in the event that the Purchase price of the property is equal to or less than the sum of R 50,000, the Purchaser will be liable to make payment of the full bid amount plus 6% (incl. Vat) Auctioneer s Commission. 7. The payments referred to in clauses 6.1 and 6.2 above are payable directly to the Auctioneer, who:- 7.1 shall hold the deposit until transfer, in an interest bearing trust account, with interest to accrue for the benefit of the Purchaser and who shall account to the Seller and the Purchaser in respect of the deposit and accrued interest respectively, on registration of transfer; 7.1.1 the Seller is authorised to utilise such deposit or any part thereof to pay all the costs and charges relating to the realisation and transfer of the property which shall include, but not be limited to, the outstanding Rates, Levies and Advertising Costs. 7.2 may appropriate the payment in respect of Auctioneer s Commission immediately upon receipt of the Seller s notification of acceptance of the Purchaser s offer (hereinafter referred to as the effective date ). 8. The balance of the purchase consideration is payable to the Seller s appointed conveyancers (the Conveyancers ) simultaneously against registration of transfer of the property into the name of the Purchaser. 9. The Purchaser is liable to effect payment of all amounts payable in terms of these Conditions either by bank guaranteed cheque or by electronic funds transfer, in South African currency and free of exchange and/or bank charges. The Purchaser is obliged to furnish the Seller (c/o the Conveyancers) with a guarantee for payment of the balance of the purchase price against registration of transfer of the property:- 9.1 issued by a registered South African bank and in a form ordinarily issued by South African banks; 9.2 by no later than 19 (nineteen) working days after the Auctioneer has given the Purchaser notice of the Seller s confirmation of the sale;
9.3 regardless of whether or not the Seller is able to pass transfer as at the aforesaid date. 10. The Purchaser may not seek to apply set-off of any of its obligations to the Seller contained in these Conditions unless the:- 10.1 Seller is in breach of these Conditions, and; 10.2 Purchaser has first given the Seller seven (7) days prior notice of the Purchaser s intention to apply set-off which notice must:- 10.2.1 be delivered to the Seller, care of the Conveyancers; 10.2.2 state the amount which the Purchaser wishes to set-off; 10.2.3 state the nature and cause of the indebtedness against which the Purchaser wishes to apply set-off. 11. In the circumstances contemplated in clause 10 above, the Seller may, by written notice to the Purchaser, elect to resile from the transaction, in which event both parties rights to claim damages are fully reserved. 12. Registration of transfer of the property shall be effected by the Conveyancers and shall take place as soon as is reasonably possible after the effective date. 13. The Purchaser is obliged to sign, on demand, all documentation required for the purposes of registration of transfer and to pay, on demand in addition to the Purchase Price, and notwithstanding the fact that the Seller may not then be in a position to pass transfer of ownership, all costs associated with registration of transfer including, but not limited to:- 13.1 the Conveyancer s legal fees associated with registration of transfer calculated in accordance with the prescribed tariff; 13.2 survey charges, if any; 13.3 road construction and sewerage and stormwater drainage installation charges and fees, if any; 13.4 the costs associated with obtaining any electrical and/or beetle and/or any other certificate as to the condition of the property as may be required by the Purchaser; 13.5 all other costs and charges incidental to and necessary in order to effect registration of transfer of the property into the name of the Purchaser. 14. The bid price will be inclusive of VAT. 15. The Seller shall be liable for all rates and taxes and other municipal charges and/or all or any levy and charge that may be payable to any body corporate and/or homeowners association (hereinafter referred to as the Levies ) levied on the property for the period up to the date of registration of transfer, and the Conveyancer is irrevocably authorised to satisfy these from the funds held by the Auctioneer in terms of clause 7 and/or from the purchase price. The Purchaser shall be liable for all Levies levied thereafter. Should any Levies be payable in advance (for the purposes of registration of transfer), the Purchaser shall be liable to pay its pro-rata portion of the Levies (as estimated by the Conveyancers) in the manner and within the time period contemplated in clause 13 above. 16. Possession and occupation of the property, subject to existing leases and tenancies which may exist and/or subject to the legal rights of all or any occupiers, as the case may be, shall be given and taken on registration of transfer, from which date all revenue accruing to, and expenditure, in respect of the said property, shall be for the account of the Purchaser and the property shall thereafter remain solely at the risk and be for the Purchaser s profit or loss. 17. The Purchaser s offer, at the fall of the hammer, constitutes an irrevocable offer to the Seller, expiring seven (7) working days after the date of the auction ( the Expiry Date ). The first day being the day after the Auction. The Seller may accept the offer at any time prior to the Expiry Date by communicating said acceptance to the Auctioneer. The Auctioneer is obliged to notify the Purchaser of the Seller s acceptance as soon as reasonably possible thereafter, and for this purpose may utilise any of the methods provided for in clause 19 below. 18. Should a higher offer be made to the Seller prior to the Expiry Date, the Seller may not accept said offer unless:- 18.1 the offer was made to the Seller through the Auctioneer, on terms and conditions substantially similar to these Conditions, and; 18.2 the Seller has given the Purchaser an opportunity to meet or beat the higher offer in the manner provided in
clause 19 hereunder. 19. In the circumstances contemplated in clause 18 above:- 19.1 the Seller must furnish the Purchaser with a copy of the offer within twenty four hours of receipt by the Seller; 19.2 the Purchaser has the right to equal or better the higher offer (on the terms and conditions herein contained) within twenty four hours of receipt of a copy of the higher offer. 20. The parties hereby choose the respective postal, e-mail and SMS addresses set out in these Conditions, for the delivery of any notices to be served in terms of these Conditions. All or any notice from one party to another in terms of these Conditions may be sent by one or more of the following methods namely by SMS, by e-mail and/or by registered post, (in the latter event the recipient shall be deemed to have received such notification on the fourth business day after posting). 21. In the event of the Purchaser being represented by a trustee on behalf of a company to be formed and:- 21.1 the company is not registered within 30 days from the date of auction, or; 21.2 being registered, fails to furnish the Seller, care of the Auctioneer, with a properly constituted resolution ratifying and adopting this sale with retrospective effect, and/or fails to take transfer of the property for any reason; the said Trustee shall be deemed to be the Purchaser and he shall be bound personally to take transfer of the property in his name and to fulfil all the obligations of the Purchaser under these Conditions. 22. In the event of the Purchaser being a juristic person, the signatory hereby:- 22.1 warrants that he is duly authorised by such juristic person to enter into this transaction, and; 22.2 agrees to be bound as Purchaser if it should transpire that the juristic person is not bound by these Conditions for any reason whatsoever. 23. The Purchaser shall be entitled, by notice in writing to that effect addressed to the Seller, to nominate a nominee in his/ her place as Purchaser, upon the following terms and conditions: 23.1 The aforesaid notice shall be handed to the Seller not later than twenty four hours of the date of confirmation; 23.2 The notice shall set out the name and address of the nominee so nominated as Purchaser; 23.3 The notice shall be accompanied by written acknowledgement that the nominee is fully conversant with and bound by these Conditions; 23.4 Should the Purchaser nominate a nominee in terms of this clause, then:- 23.4.1 all reference to the Purchaser in these Conditions shall be deemed to be a reference to its nominee; and 23.4.2 the Purchaser by its signature hereto, hereby binds himself/herself/itself as surety with, for and on behalf of all the obligations of the aforesaid nominee as Purchaser, to and in favour of the Seller, on the further terms and conditions set out in clause 34 below. 23.5 Should it transpire that the trust, close corporation or company is not liable for any reason to take transfer then in such event the signatory to these conditions of sale will be deemed to be the Purchaser. 24. In the event of the Purchaser failing to make payment of the deposit, VAT or transfer duty, Levies (if applicable), Auctioneer s Commission and/or all of any other amount payable by the Purchaser to the Seller in terms of these Conditions, on due date or at all: 24.1 the Seller shall be entitled, by notice to the Purchaser, to:- 24.1.1 claim specific performance and such damages as the Seller may have suffered as a consequence of the breach (including consequential damages), or; 24.1.2 cancel the transaction and claim such damages that the Seller may have suffered as a consequence (including any consequential damages suffered by the Seller); 24.2 the Auctioneer shall be entitled, by notice to the Purchaser, to claim payment of the Auctioneer s Commission.
25. In the event of the Purchaser committing any breach of these Conditions (other than a breach contemplated in Clause 24 above) the Seller shall be entitled but not obliged to give the Purchaser written notice calling upon the Purchaser to remedy said breach within three (3) days of delivery of said notice failing which:- 25.1 the Seller shall be entitled by notice to the Purchaser, to:- 25.1.1 claim specific performance and such damages as the Seller may have suffered as a consequence of the breach (including consequential damages), or; 25.1.2 cancel the transaction and claim such damages that the Seller may have suffered as a consequence (including any consequential damages suffered by the Seller); 25.2 the Auctioneer shall be entitled, by notice to the Purchaser, to claim payment of the Auctioneer s Commission. 26. In the event of the cancellation of the sale as a consequence of a breach on the part of the Purchaser as provided in clauses 24 and/or 25 above:- 26.1 the Seller shall be entitled to retain all amounts paid by the Purchaser up until date of cancellation on account of its genuinely pre-estimated damages, and; 26.2 if the Seller s damages exceed the amounts referred to in clause 26.1, the Seller may claim such additional amount from the Purchaser, and; 26.3 if the Seller s actual damages are less than the amount referred to in clause 26.1, the Purchaser shall be entitled to claim a refund, and; 26.4 the Auctioneer shall be entitled to retain the Auctioneer s Commission appropriated by the Auctioneer in terms of clause 7.2 above. 27. In the event of the Seller breaching any of the terms of this Agreement:- 27.1 the Purchaser shall be entitled to give the Seller written notice calling upon it to remedy said beach within (5) five days of delivery of said notice failing which the Purchaser shall be entitled to:- 27.1.1 claim specific performance and such damages suffered as a consequence of the Seller s breach, or; 27.1.2 cancel the Agreement and claim such damages as it may be entitled to claim in law. 27.2 the Auctioneer shall be entitled to retain the Auctioneer s Commission appropriated by it in terms of clause 7.2 above, and the Purchaser shall be required to recover same from the Seller. 28. In the event of the cancellation of the sale as a consequence of a breach on the part of the Seller as provided in clause 27 above:- 28.1 the Purchaser shall be entitled to claim from the Seller an amount equivalent to all amounts paid by the Purchaser up until date of cancellation, on account of its genuinely pre-estimated damages, and; 28.2 if the Purchaser s damages exceed the amounts referred to in clause 28.1, claim such additional damages from the Seller. 29. These Conditions contain the whole of the agreement between the parties relating to the conditions of purchase and sale of the property and no amendment, alteration, addition, variation or consensual cancellation hereof will be of any force or effect unless reduced to writing and signed by the parties. The parties agree that no other terms or conditions, whether oral or written, and whether express or implied, apply. 30. No waiver of any of the terms and conditions herein contained will be binding for any purpose unless expressed in writing and signed by the party giving the same, and any such waiver will be effective only in the specific instance and for the purpose given. No failure or delay on the part of either party in exercising any right, power or privilege will operate as a waiver, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. 31. In the event of any one or more of the provisions of these Conditions being invalid or unenforceable in law for any reason whatsoever then in that event said invalid provision(s) shall be struck from the Conditions without affecting the validity of the remainder of the Conditions.
32. In the event of any dispute arising from these Conditions being referred to litigation, the successful party shall be entitled to costs of suit on the scale as between attorney and own client limited to a maximum of double the prevailing High Court tariff as amended from time to time. 33. The general rule of construction that the contract shall be interpreted against the party responsible for the drafting or preparation of the agreement, shall not apply. 34. In the event that the Purchaser is a juristic person or any other type of legal persona (other than a natural person) and/or in the circumstances described in clauses 21, 22 and 23 above; the Purchaser s representative, by his signature hereto, binds himself as surety with the Purchaser for the due fulfilment of the latter s obligations to the Seller contained in these conditions, and in so doing the surety hereby:- 34.1 renounces the benefits of excussion and division and no value received, the meaning and effect whereof he declares himself to be fully acquainted with; 34.2 undertakes to sign these Conditions (in his capacity as surety) upon demand. 35. The Seller shall pay Auctioneers Commission of 4% (four percent) of the Purchase Price Inclusive of Value Added Tax. The commission shall be payable to the Auctioneer as soon as reasonably possible after date of Registration of Transfer. 36. Commission in the amount of R ( ). These conditions are subject to change without notice
Claremart Auctioneers (Pty) Ltd Claremart House, 49 Somerset Rd, Green Point, Cape Town, 8005 (tel) +27 21 425 8822 (fax) +27 21 425 9212 (email) claremart@iafrica.com (website) www.claremart.co.za