Auction Terms and Conditions
DISCLAIMER Whilst all reasonable care has been taken to provide accurate information, neither Peter Maskell Auctions CC nor the Sellers guarantee the correctness of the information, provided herein and neither will be held liable for any direct or indirect damages or loss, of whatsoever nature, suffered by any person as a result of errors or omissions in the information provided, whether due to the negligence or otherwise of Peter Maskell Auctions CC or the Sellers or any other person. Confirmation The Auctioneer shall forthwith give the Purchaser notice of confirmation of the sale. During the confirmation period, the offer made by the Purchaser shall be irrevocable. The Auctioneer shall be entitled to receive offers on the property during the confirmation period which offers shall be deemed to have been made on precisely the same terms and conditions as are contained in these conditions of sale. The Purchaser shall have the opportunity to match any such offer within 24 hours of such offer being communicated to him by the Auctioneer or Seller (by email or otherwise). The agreement is further subject to the condition that the Seller and / or Master of the High Court must grant the required consent, if applicable. Should the consent of the Master of the High Court or any court be required before transfer of the property or any portion thereof can be registered in the name of the Purchaser, this agreement is subject to such consent being obtained and it shall fall away and be regarded as pro non scripto if such consent cannot be obtained. Neither the secured creditor, nor the Seller, nor the Auctioneer nor the estate shall be liable for any damages suffered by an unsuccessful Purchaser should the required consent be refused or withheld for any reason whatsoever. Occupation, Services, Risk And Alterations Occupation, possession, risk profit and loss shall pass to the Purchaser upon the date of registration of transfer . Without limiting the generality of the above statement, it is specifically recorded that the Purchaser shall be liable for all rates, taxes, levies and other imposts on the Property from occupation date. No party shall effect any alterations, improvements or additions to the property prior to the date of registration without the Seller’s prior written consent and the Purchaser shall have no claim, whether enrichment or otherwise, against the Seller should he effect such alterations, improvements or additions, with or without consent and this clause shall remain of full force in spite of cancellation or voidness of this agreement. Should the Property be occupied by any unauthorised third party/parties on the date of registration of transfer, the Purchaser shall be responsible to lawfully attend to such occupants at the Purchaser's own cost (with due consideration of the Prevention of Illegal Eviction from & unlawful Occupation of Land Act 19 of 1998 and any other relevant legislation). The Seller does not warrant that the Purchaser will obtain vacant occupation and possession of the Property, and the Purchaser purchases the Property subject to any existing lease or right of occupation held by any other party. It is recorded that the Purchaser shall bear the cost of evicting any occupier who may be in unlawful occupation of the Property. Should occupation be prior to transfer, the Purchaser shall pay Interest to the Seller from the date of occupation until date of registration of transfer, payable monthly in advance on or before the first business day of each month and is payable to the Seller at the address as stipulated in the Schedule. The monthly interest shall be 0.7% of the purchase price. Clearance Certificates Electrical certificate of compliance: The Purchaser undertakes that where repairs are required in order for such certificate to be issued, the Purchaser shall at his own cost, employ the services of a certified professional to effect such repairs and provide the clearance certificate to the Seller’s conveyancer for the purpose of transfer of the property into the name of the purchaser. Entomologist Clearance Certificate: The Purchaser undertakes that where repairs are required in order for such certificate to be issued, the Purchaser shall at his own cost, employ the services of a certified professional to effect such repairs and provide the clearance certificate to the Seller’s conveyancer for the purpose of transfer of the property into the name of the purchaser. Water Compliance Certificate: The Purchaser undertakes that where repairs are required in order for such certificate to be issued, the Purchaser shall at his own cost, employ the services of a certified professional to effect such repairs and provide the clearance certificate to the Seller’s conveyancer for the purpose of transfer of the property into the name of the purchaser. Gas Certificate of Conformity: The Purchaser undertakes that where repairs are required in order for such certificate to be issued, the Purchaser shall at his own cost, employ the services of a certified professional to effect such repairs and provide the clearance certificate to the Seller’s conveyancer for the purpose of transfer of the property into the name of the purchaser.
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