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Consumer Protection Act, 2008 (Act No. 68 of 2008)

Regulations

Consumer Protection Act Regulations

32. Motor vehicle auctions

 

In addition to any other requirement in these regulations, an auctioneer may not conduct an auction unless a notice containing the particulars and statements required in this subregulation relating to the vehicle, being a motor vehicle as defined in section 1 of the National Road Traffic Act, 1996 (Act No 93 of 1996), is attached to the vehicle and has been attached to the vehicle at all times when the vehicle was available for inspection by prospective bidders, which must include—

a) the name and business address of the auctioneer;
b) if the auctioneer or auction house is conducting the sale on his, her or its own behalf, whether the auctioneer or auction house is liable to discharge the duty of repair, or not;
c) if the auctioneer or auction house is conducting the sale on behalf of—
i) a motor vehicle dealer or bank or other financing entity, the name in which that dealer, bank or entity is licensed and the business address of the dealer, bank or entity and whether the dealer, bank or entity is liable to discharge the duty of repair, or not; or
ii) another person, a statement on whether there is a duty to repair, who is liable to discharge that duty to repair and the details of the repair, and if applicable, the name and address of the last owner of the vehicle who was not a dealer, bank or entity, or alternatively a statement that the last owner's name and address are available on request from the auctioneer or auction house;
d) if the owner let the vehicle on hire to another person under a vehicle leasing agreement, the name and address of such other person, alternatively a statement that such person's name and address are available on request from the auctioneer;
e) the vehicle's year of manufacture, if known;
f) the vehicle's year of first registration;
g) the vehicle's manufacturer and model designation;
h) the vehicle's registration number;
i) the vehicle's engine number;
j) the vehicle's identification number (VIN);
k) a statement whether or not the reading of the odometer of that vehicle is guaranteed; and
l) a statement contemplated in regulation 21(2)(i).