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Legal Notice No. 44061, 08 January 2021, Vol 667 B, Page 44

20210108 - Legal Notice No 44061 of 08-January-2021, Volume 667 B, page 44

Page	44 of 156
Gazette	Legal Notices, No 44061, from 08 January, 2021

44    No. 44061              GOVERNMENT GAZETTE, 8 JANUARY 2021

anywhere else.
              3.5. If the purchaser is married in community of property such purchaser shall furnish the sheriff with the written consent
          of the other spouse, as required in terms of Section 15(2)(g) of the Matrimonial Property Act 88 of 1984, within 48 hours of the
          signature of the conditions of sale.
              3.6. the purchaser shall, on demand, sign all the necessary transfer and ancillary documents with the transferring attorneys.
              4. CONDITIONS OF PAYMENT
              4.1.
              (a) The purchaser shall pay to the sheriff a deposit of 10 percent of the purchase   price in cash or by bank guaranteed
          cheque on the completion of sale.
              (b) The balance shall be paid against transfer and shall be secured by a guarantee issued by a financial institution approved
          by the execution creditor or his or her attorney, and shall be furnished to the sheriff within 21 days after the date of sale.
              4.2. Should the purchaser fail to pay the deposit and the Sheriff’s commission on completion of the sale, then the sale shall
          be null and void and the sheriff may immediately put the property up for auction again.
              4.3. The sheriff shall retain all moneys paid, in respect of the purchase price of the immovable property sold in execution,
          in his or her trust account, in terms of Section 22 of the Sheriff’s Act 90 of 1986, until transfer have been given to the Purchaser.
              4.4. The Purchaser shall, immediately on demand pay the Sheriff’s commission as follows:
              (i) 6% on the first R100 000.00 of the proceeds of the sale,
              (ii) 3.5% on R100 001.00, to R400 000.00, and
              (iii) 1.5% on the balance thereof,
              Subject to a maximum commission of R40 000.00 plus VAT and a minimum of R3000.00 plus VAT.
              4.5. (b)The purchaser shall be liable for and pay within 10 days of being requested to do   so by the appointed conveyancer,
          the following:                                                                                                                  
              (i) All amounts due to the municipality servicing the property, in terms of section 118 (1)  of the Local Government Municipal
          Systems Act, 2000 (Act No. 32 of 2000), for municipal service fees, surcharges on fees, property rates and other municipal taxes,
          levies and duties due to a municipality; and where applicable
              (ii) All levies due to a Body Corporate in terms of the Sectional Titles Act No. 1986 (Act No. 95 of 1986) or amounts due to a
          Home Owners or other association which renders services to the property.
              (iii) The cost of transfer, including conveyancing fees, transfer duty or VAT and any other amount necessary for the passing
          of transfer to the purchaser.
              4.6. The purchaser is hereby informed of the following estimated charges:
              (a) Arrear rates and taxes, estimated at _________ (and is not guaranteed).
              (b) Arrear charge payable in terms of the Sectional Titles Act, Act 95 of 1986, estimated at R ___________ (and is not
          guaranteed).
              The purchaser accepts that the amount set forth in this clause are estimates only. Neither the sheriff nor the execution
          creditor warrants the accuracy of this estimate. The Purchaser shall not avoid the purchaser’s obligations hereunder, nor will the
          purchaser have any claims against the Sheriff or the execution creditor, arising out of the fact that the arrear rates and taxes and
          arrear charges payable in terms of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), Sectional Titles Act,
          1986 (Act No. 95 of 1986) or Home Owners Association are greater than the estimated charges set forth herein. Payment of the
          actual amounts owing in respect of rates and taxes, levies or arrears charges must be effected by the Purchaser within 10 (ten)
          days after being requested to do so by the attorney attending to the transfer.
              4.7. (a) The Purchaser shall be entitled to obtain transfer forthwith upon payment of   the whole purchase price and on
          compliance with condition 4.4 and 4.5 alternatively, transfer shall be passed only after the purchaser has complied with the
          provisions of conditions 4.1, 4.4 and 4.5 hereof.
              (b) If the transfer is delayed by the purchaser, the purchaser shall be liable for interest at the rate of 10.800% nominal per
          annum calculated daily and compounded monthly, on the purchase price from date of sale to date of registration of transfer.
              4.8. In the event that the purchaser being the execution creditor who is also a consumer exempted in terms of Section 5(2)
          (b) from the provisions of the Consumer Protection Act, 68 of 2008, the execution creditor shall be required to pay the commission
          set out in the clause 4.4, without demand, within 10 days. Such execution creditor shall not be required to make any deposit
          nor furnish a guarantee as provided for in terms of 4.1(a) and 4.1(b), except insofar as the purchase price may exceed the total
          amount as set out in the warrant of execution. The difference between the purchase price and the total amount as set out in the
          warrant of execution, plus interest as provided for in 4.7(b), is to be paid or secured to the sheriff within 21 days from the date of
          sale, without demand. Such execution creditor shall at the date of registration of transfer provide the sheriff with satisfactory proof
          that the defendant’s account has been credited accordingly.
              5. COMPLIANCE CERTIFICATES
              5.1.  The purchaser shall at his/her own cost obtain a valid electrical installations certificate of compliance and test report, in
          the prescribed format, as provided for in the Electrical Installation Regulations, 2009, issued in terms of the Occupational Health

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