Welcome to the Sheriff for Simon's Town
Please take note that the an amendment to the fees increment for Sheriff's were published in the Government Gazette, Regulation No. 10349, Vol. 595. Dated 23 January 2015, No. 38399, which come into effect 24 February 2015.
Welcome to the website of the Sheriff for Simon's Town.
You can use the website for the following:
Confirm our area of jurisdiction;
View a geographical map of our area of jurisdiction;
View the dates, times and venues of our next movable property auctions;
View a detailed list of the movable assets we are due to sell on our next auction;
View the dates, times and venues of our next immovable property auctions;
Get real time updates of the status (i.e. cancelled / active) of our immovable property auctions;
Get information regarding the code of conduct for sheriffs, how to claim maintenance, etc.
IMPORTANT INFORMATION REGARDING THE SALE IN EXECUTION OF IMMOVABLE / FIXED PROPERTY (REAL ESTATE)
The Sheriff's Auctions are always WITHOUT RESERVE, so bidding starts at whatever amount happens to be the 1st bid. Bids of R1000 at a time will be accepted.
Here are a few of the most important CONDITIONS OF SALE that may apply for sales in execution (i.a.w. - AUCTIONS BY THE SHERIFF)
The standard conditions of sale (or offer to purchase as you may know it) are usually about 9-10 pages long and may vary slightly from sale to sale as the attorneys who prepare them (on behalf of the various bondholder) may word it differently. The conditions of each specific sale are available for inspection at the relevant Sheriff's office 10 days before the sale - do feel free to inspect the same in our office.
PLEASE CONSIDER THE FOLLOWING:
1. The sale shall be for SOUTH AFRICAN RANDS.
2. The purchaser shall be required to sign the conditions of sale IMMEDIATELY after conclusion of the sale and choose an address which will be considered as his/her domicilium citandi et executandi. Signature of such conditions is like signing an offer to purchase when buying a property in the open market, but you cannot opt out or cancel the offer without forfeiting your deposit and sheriff's commission etc.
3. The purchaser shall pay a deposit of 10% of the purchase price to the sheriff in cash immediately upon conclusion of the sale. There are NO EXCEPTIONS to this rule!
4. The full balance of the purchase price together with interest at the rate payable to the Plaintiff at the time of the relevant sale from the date of sale to the date of transfer, and guarantee shall be delivered to the Sheriff within 14-21 days of the date of sale (no extensions permitted).
5. The purchaser shall be liable for payment of interest at the prime rate of the plaintiff on the balance of the purchase price calculated monthly in advance from the date of sale to the date of transfer, both days inclusive.
6. The purchaser shall be responsible for payment of all costs and charges necessary to effect transfer including conveyancing costs, rates, taxes, and other like charges (i.e.: levies) necessary to procure a rates clearance certificate, transfer duty or VAT attracted by the sale and any Deeds registration office levies. These amounts are payable over and above the purchase price.
7. The purchaser shall on the day of the sale pay the Sheriff's commission calculated as follows: (a) 6% of the proceeds up to a price of R30,000.00 PLUS (b) 3.5% of the balance of the purchase price, provided that the minimum amount payable shall be R542.00 and the maximum R10, 777.00 PLUS VAT. (Maximum commission including VAT = R 12,285.78) There are NO EXCEPTIONS to this rule!
8. The purchaser is entitled to possession of the property immediately after the fall of the hammer and signing the conditions of sale, payment of the initial deposit and auctioneers commission, and thereafter the property shall be at his/her sole profit, risk or loss. The plaintiff and the Sheriff give NO warranty that the purchaser shall be able to obtain personal and or vacant occupation of the property or that the property is unoccupied and any proceedings to evict the occupiers shall be undertake by the Purchaser at his own cost and expense.
The two items marked in red are important to consider. These amounts are payable on the day of the sale, and the purchaser must have these amount available by way of a bank cheque or available for immediate transfer in their banking account on the day of the sale for payment (only by prior arrangement 1 day before the auction).
The conditions of sale vary slightly from sale to sale as the attorneys who prepare them (on behalf of the various bondholders) may word one in the same things differently. The conditions of each specific sale are available for inspection at the relevant Sheriff's office 10 days before the sale - do feel free to inspect the same in our office.
Information regard arrear rates and taxes, arrear body corporate levies, judgment debts etc are NOT disclosed in advance but will be announced on the day of the sale. These amounts are estimates provided to the Sheriff and not guaranteed to be 100% accurate.
The properties are often occupied by either the owner/s or tenants up to and including the day of the sale. Prospective buyers DO NOT have the right to view the property before the sale, only on the day of the sale. Kindly refrain from contacting the tenant or owner prior to the sale. The public advertisements for the sales are published in the Government Gazette and a local newspaper circulating the area where the debtor lives 10 days before the sale.
I hope this answers a few of your questions, do feel free to ask if you require any more assistance. What I have mentioned here are by far the most frequently asked questions, and is in no way complete. As you can imagine, the Conditions of Sale is an involved legal document.