RULES OF AUCTION

 

This auction is a Timed Online Auction and will be held from Wednesday, 27 November 2024 at 12:00 until Thursday, 28 November 2024 at 12:00 on the www.vansauctions.co.za online platform. If a bid is made on a lot within five minutes before close, such lot will extend for 5 minutes until 12h05, and thereafter continuously for 5 minutes if a bid is placed within the 5 minutes before closure.

 

The Auctioneer is Johan van Eyk from Van’s Auctioneers at 36 Gemsbok Street, Koedoespoort Industrial, Pretoria  and telephone number 086 111 8267.

 

The sale shall be subject to the control of the auctioneer who shall have the sole right to regulate the advance in bidding. We are selling per rising bid in South African Rand.

 

VAN’S AUCTIONEERS will be selling on instructions from the owners

 

to sell by public auction the properties known as:

 

LOT 1: ERF 505, MORELETAPARK EXT 7, REGISTRATION DIVISION JR, GAUTENG PROVINCE

BETTER KNOWN AS 809 PRIMULA ROAD, MORELETAPARK, PRETORIA, GAUTENG PROVINCE

 

Measuring: 1 252 m²

 

And held by Deed of Transfer number: T21325/2016

in favour of MONTSHONYANE FAMILY TRUST, REGISTRATION NUMBER: 4373/2008

And

 

LOT 2: UNIT 5 OF SCHEME 1198/2005 SS CELTIS GARDENS, SITUATED ON ERF 366, CELTISDAL EXT 19, REGISTRATION DIVISION JR, GAUTENG PROVINCE BETTER KNOWN AS UNIT 5, CELTIS GARDENS, CENTURION.

Measuring: 193 m²

 

And held by Deed of Transfer number: ST46454/2021

in favour of CASPER JAN HENDRIK HENNING, ID NUMBER: 830716 5013 088

 

And

 

LOT 3: UNIT 17 OF SCHEME 126/2011 SS ST REMY, STUATED ON PORTION 1 OF ERF 5272 THE REEDS EXT 45, REGISTRATION DIVISION JR, GAUTENG PROVINCE KNOWN AS UNIT 17, ARUNDO ESTATE, THE REEDS, CENTURION, GAUTENG PROVINCE

 

Measuring: 120 m²

 

And held by Deed of Transfer number: ST22769/2011

in favour of JOHANNA ELIZABETH JANSE VAN VUUREN, ID NUMBER: 811228 0165 080

And

 

LOT 4: UNIT 13 OF SCHEME 52/2007 SS THE STEYTLER SITUATED ON ERD 4420 JOHANNESBURG, REGISTRATION DIVISION IR, GAUTENG PROVINCE

BETTER KNOWN AS UNIT 13 OF THE STEYTLER APARTMENTS, JOHANNESBURG CENTRAL

 

Measuring: 107 m²

 

And held by Deed of Transfer number: ST40498/2014

in favour of SOLOMON SIMBARASHE MOYO, ID NUMBER: 830527 6140 188

And

  

LOT 5: UNIT 17 OF SCHEME 2/2020 SS THE ANGELWOOD SITUATED ON ERF 807 BRETWOOD EXT 20, GAUTENG PROVINCE BETTER KNOWN AS UNIT 17 OF THE ANGELWOOD COMPLEX, BRENTWOOD PARK, BENONI

 

Measuring: 79 m²

 

And held by Deed of Transfer number: ST9435/2020

in favour of PIMANI NEMADODZI, ID NUMBER: 880901 0880 082

And

 

LOT 6: PORTION 40 OF ERF 325 DAGGAFONTEIN, REGISTRATION DIVISION IR, GAUTENG PROVINCE BETTER KNOWN AS 14 PETREL ROAD, DAGGAFONTEIN, SPRINGS

 

Measuring: 307 m²

 

And held by Deed of Transfer number: T23382/2022

in favour of PATRICK MOTAUNG, ID NUMBER: 840104 5898 089 AND TSHEPISO EMILY MOTAUNG,

ID NUMBER: 890705 0324 084

 

And

 

LOT 7: ERF 1900, ALLIANCE EXT 4, REGISTRATION DIVISION IR, GAUTENG PROVINCE

 

Measuring: 249 m²

 

And held by Deed of Transfer number: T40319/2020

in favour of SHILE PEACEMAKER SHEZI, ID NUMBER: 860207 5360 086,

 

And

 

LOT 8: UNIT 22 OF SCHEME 301/1984 SS REINET SITUATED ON ERF 677 PRETORIA NORTH, GAUTENG PROVINCE BETTER KNOWN AS UNIT 22, REINET APARTMENTS, BURGER STREET, PRETORIA NORTH, GAUTENG PROVINCE

 

Measuring: 85 m²

 

And held by Deed of Transfer number: ST94662/2016

in favour of NOMSA GATSI, ID NUMBER: 851101 AND CHRISTOPHER RUDZUNA, ID NUMBER: 841222 6237 187

 

And

 

LOT 9: ERF 303 SOSHANGUVE B, REGISTRATION DIVISION JR, GAUTENG PROVINCE BETTER KNOWN AS 6861 TINKLER STREET, SOSHANGUVE B, GAUTENG PROVINCE

 

Measuring: 457 m²

 

And held by Deed of Transfer number: T53263/2008

in favour of KABELO SALTIEL MAKGOKA, ID NUMBER: 691008 5534 083 

 

Subject to the following auction rules:

 

1.  The property will be sold to the highest bidder (herein referred to as the PURCHASER) but subject to confirmation to the Bank’s discretionary approval, which confirmation can be withheld by the SELLER without furnishing reasons therefore. The PURCHASER is unconditionally and irrevocably bound to his bid for 14 calendar days excluding date of signing of the conditions of sale, and the onus will rest upon the PURCHASER to establish whether his bid was confirmed, or not.

 

2. Higher offers may be made prior to confirmation or registration of transfer (whichever occurs first.) Such higher offers must be made to the AUCTIONEER on the same Terms and Conditions as the auction offer and the highest bidder at the auction shall have the right to equal such offers which offer will be preferent to any other offers. The PURCHASER from the auction must exercise this right within 24 hours (excluding public holidays and weekends) after being so notified by the AUCTIONEER, by submitting an equivalent offer and supplementing his deposit accordingly.    

 

3. It is specifically recorded that the bids of both the highest bidder and the under bidder (the second highest bid) will stand and be regarded as legally binding for consideration and acceptance by the Seller(s). The decision regarding acceptance of any offer shall be entirely at the discretion of the Seller(s).

 

4. Both these bidders shall sign the Conditions of Sale for their respective bids immediately after closure of the auction. Both bidders will also be required to make payment of the deposit and commission (plus VAT, if applicable) as provided for elsewhere in the Conditions of Sale. If the highest bidder does not perform his or her duties as provided for in the Conditions of Sale and the Rules of Auction then the bid of the under bidder shall be regarded as the auction offer.

 

5. In the event of a dispute arising in regards to a bid made, the AUCTIONEER will have the discretion to put the property up for auction again and his decision will be final.

 

6. The PURCHASER shall be liable for payment of all duties, levies and taxes, calculated as from the date of possession and/or occupation, but shall not be held liable for any arrears.

 

7. The property is sold Voetstoots, and neither the AUCTIONEER nor the SELLER gives no guarantee as to the extent, patent or latent defects, the nature, quality or legality of improvements, or the legality of any activities practiced thereon, and will not be held liable for any damages arising from same. By taking part in this online auction the bidder acknowledges that he/she/it has acquainted himself with the condition of the property.

 

8.  Payment method:

 

a. A Registration Fee of R20,000-00 (Twenty Thousand Rand) is payable. It will be refunded to all bidders who are not the highest bidder and subtracted from the first payment of the highest bidder.

b.   If the PURCHASER requires a loan, this offer is subject to finance within 30 (Thirty) days after acceptance.

c.  The PURCHASER shall be liable for payment of interest calculated at 1% per month on the balance of the purchase price from date of possession and/or occupation (whichever occurs first) to date of registration of transfer which interest shall be deemed as occupational rent.

 

d. Delivery of guarantees or payment of the purchase price is payable within 30 days of acceptance or approval of finance.

 

9.The PURCHASER will be liable for auctioneers’ commission of 7,5% (seven comma five percent) of the purchase price (exclusive of VAT), which is not included in the purchase price, payable immediately after the auction.

10. The PURCHASER shall upon demand be liable for payment of VAT which is not included in the purchase price, or Transfer Duties, whichever is applicable.

 

11.  Possession and/or occupation will be given and taken subject to any existing lease agreements, leasing, tenancy or legal or illegal occupation, on date of  registration of transfer of the property in the Deeds Office, or as agreed upon in writing between the parties, from which date the sole risk, profit or loss of the property shall rest upon the PURCHASER. The SELLER and the AUCTIONEER do not guarantee vacant occupation.

 

12. The terms and conditions of this agreement shall constitute the sole agreement between the parties concerned and no variation or amendment thereto shall be binding unless agreed upon in writing and signed by the SELLER and PURCHASER. The Terms and Conditions of the full Conditions of Sale are incorporated herein and the PURCHASER is bound thereby.

 

13. In compliance with the National Consumer Protection Act and the Regulations thereto, Vendor Bidding is permitted at the auction, and the SELLER, AUCTIONEER or a Vendor Bidder representing the SELLER or the AUCTIONEER may bid up to an amount and not exceeding the Reserve Price.

           

14. These Rules of Auction comply with the provisions of Section 45 of the Consumer protection Act, 68 of 2008. Sub sections (1), (2) and (3) of this Section provides as follows:

 

“(1) In this section, ‘‘auction’’ includes a sale in execution of or pursuant to a court order, to the extent that the order contemplates that the sale is to be conducted by an auction.

 

(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.

 

(3) A sale by auction is complete when the AUCTIONEER announces its completion by the fall of the hammer, or in any other customary manner, and until that announcement is made, a bid may be retracted.”