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Practice and procedure — execution — sale — sale by auction — property sold thereafter by private treaty — auctioneer not entitled to commission
An auctioneer was requested by the Sheriff to conduct the sale of some property. The auction was conducted and the only bid was made by the respondent. However, the Sheriff refused to accept the bid on the grounds it was too low. The respondent subsequently offered a higher price for the property to the Sheriff. The Sheriff accepted this offer and the property was sold to the respondent by private treaty in terms of r 358(2) of the High Court Rules. The auctioneer claimed commission on this sale.
Held, that the auctioneer was not entitled to commission. An auctioneer is only entitled to his commission if he sells the property by auction. The property was sold by auction, but the sale was not confirmed by the Sheriff and the property was subsequently sold by private treaty. Even if the auctioneer was instrumental in bringing the two parties together, he did not bring about the subsequent sale.
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