Conditions of registration
Auction Conditions
Conditions of Sale
Pro Forma Rules of Auction
Auctioning Process
A Sheriffs Auction is also known as a Judicial Auction which is a public auction. It implies that a Sheriff may only auction either moveable or immovable property, after a judgment was duly granted and a subsequent writ of execution was issued by an appropriate Court directing the Sheriff to act and attach accordingly, thereby endeavouring to liquidate the judgment amount due.
The auction process to be followed by a Sheriff is guided by various relevant acts and rules, i.e. the High Court and Magistrate’s Court’s Acts and Rules, as well as the Consumer Protection Act to name only but a few.The general public may participate in a Judicial Auction which must be made public by a Sheriff according to prescriptions. In order to bid on either movable or immovable property, you will first need to register as a bidder, pay the required refundable deposit and submit the required FICA documentation prior to the auction commencing.
Important Links
Board for sheriffs
Department of Justice
Surveyor General
Spatial planning
Advocate Societies:
Advocates of South Africa
Church square Association of Advocates
Council of the Bar of SA
Eastern cape Society of Advocates
Law Societies:
Law Society of South African
Law Society of the Northern Provinces
Law Society of the Northern Province
Free State Law Society
KwaZulu Natal Law Society
Banks:
Absa Bank
African Bank Limited
Bidvest Bank Limited
Capitec Bank
International sheriff societies:
Advocates of South Africa
Antwerpes Gerechtsdeurwaarders
Bailiff – Sheriff Australia
Hanover Sheriff
Frequently Asked Auction Questions
No, the Rules of Court do not permit the sheriff to give legal effect to such offers.
No, the Rules of Court do not permit the sheriff to give legal effect to such offers.
No, the Rules of Court do not permit the sheriff to give legal effect to such offers.
No, the Rules of Court do not permit the sheriff to give legal effect to such offers.
No, the Rules of Court do not permit the sheriff to give legal effect to such offers.
No, the Rules of Court do not permit the sheriff to give legal effect to such offers.
No, the Rules of Court do not permit the sheriff to give legal effect to such offers.
No, the Rules of Court do not permit the sheriff to give legal effect to such offers.
Conditions of registration
- Pro Forma Conditions of Registration Movable Property
- Pro Forma Conditions of Registration Immovable Property
Auction Conditions
- Pro Forma Conditions of Auction
Conditions of Sale
- Pro Forma Conditions of Sale - Fixed Property
Pro Forma Rules of Auction
- Pro Forma Rules of Auction Movable Property & Immovable Property
Frequently Asked Auction Questions
No, the Rules of Court do not permit the sheriff to give legal effect to such offers.
Yes, the Consumer Protection Act 68 of 2008 requires prospective buyers to register.
Yes, the registration fees are payable and refundable when the bid has been unsuccessful. However, the registration fees can also serve as part payment of the commission, of deposits or of the purchase price.
No, when the bid has been knocked down, and the buyer is not able to pay the deposit or the purchase price immediately.
Yes, immovable property auction commission consists of the following: 6% on the first R100 000.00 of the proceeds of the sale, 3.5% on 100 001.00 – R400 000.00 and 1.5% on the balance of the proceeds, subject to a maximum of R40 000.00, excluding VAT, with a minimum of R3 000.00 excluding VAT.
Yes, on condition that you comply with certain formalities. A properly written power of attorney should be submitted. Both the warrantor and the warrantee should satisfy all FICA requirements.
This is an acronym of the name of the so-called Financial Intelligence Centre Act 38 of 2001, as amended.
Transfer fees are calculated according to a fixed tariff, calculated according to a sliding scale that is levied by the conveyancers. Refer to the attached table for an estimate. Consult a lawyer for an appropriate quote.
Specific legal consequences could be applicable, such as responsibility for spilled damages, interest and costs. A buyer who already occupies the property may be evicted.
Please note that ownership and occupation do not have the same meaning. The conditions of sale usually stipulate that the buyer is entitled to ownership after the bid has been knocked down and when the payment of the required deposit and auctioneer’s commission has been made. Immediate occupation cannot always be guaranteed.
It is customary for the conditions of sale to specify that the claimant’s lawyer be used to effect transfer.
Yes, apart from instances in which the exclusions specified in Article 5(2) of the Consumer Protection Act 68 of 2008 apply.
The buyer will have to obtain an eviction order at his or her own expense.
If a lessor’s property is mortgaged, certain of the lessor’s rights are limited as a result; and consequently the rights of the tenant are limited too. As a general rule, the tenant will have to move out.
Yes. However, the property will have to be registered in the successive buyers’ names.
Yes, but it would be advisable to wait until the property has been registered in the buyer’s name.
No, however, interest would be due on the balance of the purchase price if the full purchase price were not paid immediately.
Important Links
News 24
Weather channel
Juta & Co
LexisNexis (Butterworths)
Board for sheriffs
Department of Justice
Surveyor General
Spatial planning
Advocate Societies:
Advocates of South Africa
Church square Association of Advocates
Council of the Bar of SA
Eastern cape Society of Advocates
Free State Society of Advocates
Gauteng Society of Advocates
Pretoria Society of Advocates
Society of Advocates Cape Town
Society of advocates KwaZulu Natal
Society of Advocates of Namibië
Society of State Advocates and Prosecutors
Law Societies:
Law Society of South African
Law Society of the Northern Provinces
Law Society of the Northern Province
Free State Law Society
KwaZulu Natal Law Society
Banks:
Absa Bank
African Bank Limited
Bidvest Bank Limited
Capitec Bank
First National Bank
FirstRand Bank - A subsidiary of First Rand Limited
Grindrod Limited
HSBC Africa
Imperial Bank South Africa
Investec Bank Limited
Mercantile Bank
Nedbank Limited
SA Bank of Athens
Sasfin Bank Limited
Standard Bank of South Africa
Teba Bank Limited
International sheriff societies:
Antwerpes Gerechtsdeurwaarders
Bailiff - Sheriff Australia
Hanover Sheriff
International Union of Judicial Officers
Koninklijke Beroepsorganisatie van Gerechts Deurwaarders
Nationale Kamer van Gerechtsdeurwaarders
Service Canada
The Sheriff's office
Advocate Societies:
- Advocates of South Africa
- Church square Association of Advocates
- Council of the Bar of SA
- Eastern cape Society of Advocates
Law Societies:
- Law Society of South African
- Law Society of the Northern Provinces
- Law Society of the Northern Province
- Free State Law Society
- KwaZulu Natal Law Society
Banks:
- Absa Bank
- African Bank Limited
- Bidvest Bank Limited
- Capitec Bank
International sheriff societies:
- Advocates of South Africa
- Antwerpes Gerechtsdeurwaarders
- Bailiff – Sheriff Australia
- Hanover Sheriff