3. Application of Act to sales of land by public auction

3. Application of Act to sales of land by public auction.—(1) The provisions of section 2 do not apply to the sale of land by public auction.

(2) If in terms of a sale of land by public auction the purchase price or any other charges is or are payable by the purchaser in more than two instalments over a period exceeding one year—

(a)    the provisions of this Act apply to that sale as if it were a sale under a A legally enforceable agreement, for example a lease or sale. Afrikaans - Kontrak

(b)    in such application of section 6, the A clause that renders the operation and consequences of the contract as a whole dependent on an uncertain future event. A suspensive condition suspends the operation of the contract for a period of time, subject to the occurrence of a future event, and only if and when the condition has been fulfilled will an enforceable contract exist. In the case where a resolutive condition is stipulated, the contract is immediately binding and will remain binding unless the condition is not fulfilled. Afrikaans - Toestand

(c)    the seller shall forthwith after the auction furnish the purchaser with a copy of the contract, failing which the purchaser may cancel the sale.

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