Contingency Fees Act, 1997
R 385.00
Consumer Protection Act, 2008 (Act No. 68 of 2008)RegulationsConsumer Protection Act Regulations24. Prohibited behaviour |
An auctioneer may not—
| a) | charge or receive any fee or commission in respect of the sale of movable goods unless such goods have been delivered to the purchaser; |
| b) | charge or receive any fee or commission in respect of the sale of immovable property until the purchaser and the seller have signed a written agreement in respect of the sale of such immovable property; |
| c) | charge or receive any fee or commission from the purchaser if the seller defaults or where such fee or commission has already been paid by the purchaser to the auctioneer, the auctioneer shall immediately refund the purchaser the amount paid, including deposit; |
| d) | charge or receive any fee or commission from the purchaser, if the purchaser defaults, exceeding ten percent of the purchase price or the total cost of advertising and conducting an auction and such additional costs as may have been reasonably incurred in accordance with regulation 21(2)(1), whichever is the lesser; |
| e) | charge or receive any fee or commission from the seller, unless agreed otherwise in writing, if the buyer defaults or where such fee or commission has already been paid by the seller to the auctioneer, the auctioneer shall immediately refund the seller the amount paid; |
| f) | charge or receive any fee or commission from the seller if the seller defaults, unless agreed otherwise, exceeding ten percent of the purchase price or the total cost of advertising and conducting an auction and such additional costs as may have been reasonably incurred in accordance with regulation 21(2)(I), whichever is the lesser; |
| g) | enter into any agreement or arrangement with the seller to sell any goods unless the auctioneer has first provided the seller with an estimate of the total cost of the auction; |
| h) | accept a bid from a person unless he or she is registered in the Bidders' Record as contemplated in regulation 26; |
| i) | set a minimum or reserve price without the express written permission of the seller; |
| j) | remove an item or lot from an auction without the express written permission of the seller; |
| k) | allow bidding on an item or a lot if the auction thereof has not been advertised as contemplated in regulations 19 and 20; |
| l) | during an auction deviate from the sequence of goods as advertised; |
| m) | knowingly misrepresent, or cause or permit to be misrepresented the value, composition, structure, character or quality or manufacture of the goods put up for sale at an auction; |
| n) | hinder the access of any person to any advertisement contemplated in these regulations, rules of auction or vendor's roll; or |
| o) | pay any other person in order to be appointed as auctioneer, whether in general or for a particular auction or in respect of any specific goods. |
