Section 55 of the Consumer Protection Act (CPA) provides for a consumer’s rights to safe, good quality goods. However, this section does not apply to goods bought on an auction.
This section does not apply to goods bought at an auction, as contemplated in section 45
In this section, ‘‘auction’’ includes a sale in execution of or pursuant to a court order, to the extent that the order contemplates that the sale is to be conducted by an auction.
It is important to note that although goods bought on auction are not subject to section 55, the auctioneers still have to ensure that auctions are complaint with section 45 of the CPA’s requirements.
Under the Alienation of Land Act, in terms of section 29A, consumers are provided with the right to cool-off. This allows consumers to withdraw from a transaction and/or contract under certain circumstances. It is important to note that sellers are not afforded with the same right. Under this Act, this right is governed by the following:
The above right does not apply to goods bought on auction. In addition to this, the general view under the CPA is that the right to cool-off, which is afforded to consumers as well as the prohibition of voetstoot clauses in terms of the CPA, are not applicable to goods bought on auction.