Section 145: Forfeiture of deposit
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
145. Forfeiture of deposit
(1) Where, on the day when the biddings are re-opened—
(a) the outbidder does not appear; or
(b) the outbidder appears, but does not fulfil the conditions of sale
and the property remains finally adjudicated to the original adjudicatee for the original price,
S3 – 33 [Issue 1]
Sale of Immovable Property Act
the outbidder shall forfeit the amount of his deposit and, in addition, be liable, at the suit of an interested party, for the difference between the price
of adjudication and the amount of his outbidding.
(2) The deposit forfeited under subsection (1) shall, after deducting from
it the costs of the outbidding, be added to, and form part of, the sale price
of the property.
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Questions this section answers
- What happens to my deposit if I outbid a sale but then fail to appear or pay?