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


Consumer Protection Act Regulations

28. Bidding


1) An auctioneer must provide a prospective bidder whose name appears in the bidders' record with a bidder number before he or she may bid, as well as a paddle or other device to which that number is attached in such a way that it is clearly visible to the persons present at the auction.


2) A bid taken from an unregistered person is invalid.


3) The place where an auction is held must be open and accessible to any member of the public, subject to the auctioneer's right to refuse a person the right to remain on the auction's premises in the event that that person repeatedly behaves in such a way so as to disrupt the auction.


4) An auctioneer must have a vendor's roll in which all details of the auction are recorded, which must, as a minimum, include—
a) the advertising of the auction;
b) the rules of auction;
c) the bidders' record;
d) the declarations contemplated in regulation 21(2)(h) and 27;
e) a list of all goods on auction, including goods which were withdrawn from auction;
f) the names of the successful bidders, the goods or lots bought and the prices paid in respect thereof;
g) the details of any challenges to the validity of the auction or the conduct thereof, and the particulars of the persons making such challenges, if available;
h) any items or lots not sold;
i) the details of any reserved price or any matter contemplated in subsections (4) and (5) of section 45 of the Act.


5) The auctioneer must afford consumers a reasonable period of time and opportunity to inspect the goods on offer prior to the commencement of an auction, and no fee may be charged for such opportunity, but an auctioneer may—
a) refuse or restrict access to such goods if the consumer after gaining access in any way acts unlawful or in contravention of the applicable rules of auction;
b) require the consumer to adhere to or submit to any security measures reasonably applicable in the circumstances.


6) Subject to any reserved price and acceptance of the highest bid by the seller, the highest bidder, when the auctioneer announces the completion of a sale by the fall of the hammer, or in any other customary manner, is the purchaser of the goods or lots on auction.


7) No fee may be charged for participation in an auction, but this does not apply to refundable deposits.


8) The auctioneer must upon concluding the proceedings of an auction –
a) announce that the auction has come to an end;
b) sign the vendor's roll; and
c) certify that the proceedings of the auction were to the best of his or her knowledge conducted in accordance with these regulations, any other applicable law and the rules of auction.