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On behalf of Estate Late Moegat Shaheid Gamiet
(Master's reference 001236/2018)


Thursday 30th August 2018, 11h00 (on site)

Viewing by appointment.

Comprising of a three storey modern family residence with 4 bedrooms, 3 bathroom, modern fitted kitchen, 2 family rooms, entertainment area, swimming pool, domestic accommodation and 4 car garaging.

Erf:14623 Cape Town
Municipal Value:R2,400,000:00
AUCTION: Thursday 30th AUGUST
at 11 a.m. (on site)

58 Rhodes Avenue
University Estate
/ Woodstock

Structural Engineer's Report


10% deposit
plus Auctioneers Commission of 7% excl VAT,
payable on day of sale.

Balance on registration of Transfer.

FICA Bidder Registration

  1. Certified Copy of ID Document
  2. Proof of Residential Address


UPON which J J Hofmeyr and Son c.c., acting on behalf of Estate Late Moegat Shaheid Gamiet (hereinafter referred as the Seller), intend to offer at Public Auction, and sell certain residence, known as

58 RHODES AVENUE, UNIVERSITY ESTATE / WOODSTOCK and more fully described as:

Erf: 14623 Cape Town
In extent: 489 square metres
Held by Deed of Transfer T36092/2002

  1. The sale shall be by the rise. The Seller reserves the right of declining to sell to the highest or any bidder.
  2. If any dispute arises between bidders, the decision of the Auctioneer shall be final and binding as between such bidders.
  3. If the Auctioneer commits any mistake the same shall not be binding, but shall be rectified immediately.
  4. The registered owner will not benefit by any surplus in extent nor be answerable for any possible deficiency in extent and sells subject to the registered title and diagram. The Seller shall not be liable or responsible to indicate existing boundaries or beacons.
  5. The property is sold "Voetstoots" and the seller shall not be liable for any latent or patent defects in the property sold.
  6. The Purchaser warrants that the seller has not made any representation or given any warranty express or implied in connection with the said property, and he chooses DOMICILIUM CITANDI ET EXECUTANDI at the address herein set out.
  7. Possession shall be given upon transfer or sooner by arrangement by the seller to the purchaser from which date all revenue accruing from and expenditure in respect of the property shall be for the account of the purchaser. The Purchaser shall insure the property comprehensively and cede the policy to the Seller whereupon the risk shall pass.
  8. The Purchase money shall be paid as follows:
    10% thereof to the Auctioneer for account of the Seller on the day of the sale, and the balance to the Seller or his attorney against registration of transfer, with interest thereon (at 10% per annum) from the date of possession to the date of transfer. If required by the seller the Purchaser shall furnish an undertaking by a bank within fourteen days of confirmation of the sale for the payment of the balance of the purchase price together with interest free of exchange in Cape Town.
  9. The Purchaser shall be bound on request to pay:
    1. Survey charges, if any,
    2. Transfer duty
    3. Auctioneer's Commission, 7%, EXCLUDING VAT
    4. Costs attending the giving of transfer,
    5. Road Construction, drainage installation, electrical, plumbing and beetle certifications charges if any.
  10. The Purchaser shall be liable for a proportionate share of all rates and taxes reckoned from the date of possession.
  11. On due payment of the purchase price, interest and costs abovementioned, transfer shall be given in due form by the Seller's attorney, and shall be so accepted by the Purchaser.
  12. The Purchaser shall sign the Conditions of Sale on the spot, and if required shall provide a surety or sureties to the Seller's satisfaction, such surety to sign at the time of purchase or any time thereafter.
  13. If the Purchaser neglects or refuses to sign the Conditions of Sale on request of the Auctioneer, or fails to provide forthwith the surety/sureties aforesaid, the Seller may at his option then or so soon as convenient, sell the property at the expense or risk of the defaulter who shall submit himself to any loss thereby occasioned without benefiting by any eventual profit thereon.
  14. Transfer shall be given and taken forthwith.
  15. In the event of the property being purchased by a person acting as Trustee on behalf of a Company or Close Corporation or Trust about to be formed and the Company or Close Corporation or Trust is not registered or fails to take transfer of the property for any reason, within two months from the date of sale, the person so acting shall thereupon be bound to take transfer of the property in his/her name and to fulfil all the obligations of the Purchaser under these Conditions of Sale.
  16. This sale is subject to confirmation by the Seller to the Auctioneer by not later than:

    14h00, Thursday 30 August 2018
  17. This sale is further subject to the Master of the High Court issuing his certificate in terms of section 42(2), of Act 66 of 1965 that there is no valid objection to the sale.
  18. Until such time as the Seller confirms that such certificate has been obtained the Purchaser shall be held bound under all conditions of sale and shall not be entitled to resile from this agreement of purchase and sale.

    If the Purchaser fails to comply with the aforegoing Conditions of Sale in every respect, the seller shall have the right without notice to cancel the Sale forthwith without process of law and to hold the Purchaser liable for damages or to insist on specific performance of these Conditions of Sale or to resell the property herein described, either by private Treaty or by Public Auction at the risk and expense of the Purchaser, who shall submit himself to any loss and cost thereby occasioned without benefiting from any eventual profit on such a resale and any payments made by the Purchaser shall be retained by the Seller on account of such loss and/or cost in part.

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