Consumer Protection Act Article 11: Responsible, Honest and Fair Dealings – Part 7

In our previous article, we discussed marketing in terms of the Act but in regards to specific rights such as referral selling, direct marketing and unsolicited goods and services.

In this article, we shall continue on this aspect but in relation to auctions.

The Act sets out various rules that are applied in the case of auctions, these consist of the following:

  1. A sale in a lot (a lot being an individual item or group of items up for auction) is, unless contrary evidence exists, regarded as a separate transaction;

  2. Until such time as an announcement is made that the transaction is completed by the auctioneer, such as the fall of the hammer, a bid by a consumer may be withdrawn;

  3. If a reserve price (the minimum price acceptable) is set for a lot notice must be given in advance;

  4. Should the owner or his representative intends to bid on the lot notice must be given in advance;

  5. The relevant Minister may prescribe to be complied with by an auctioneer in respect of the following issues:

    • The conduct of the action;

    • The records to be held;

    • The sale conditions of any property.

***Kindly note that the contents of this article are intended for information purposes only and do not constitute legal advice. Consult your attorney.

This will conclude our discussion on responsible, honest and fair dealings. In our next article, we commence discussing the agreement between the supplier and consumer.