CTS Sales - Are Their Terms Legally Enforceable?

With another CTS sale imminent I pose this question:

Are some of the terms and conditions of their sale legally enforceable?

Perhaps one of the clanners could throw light on the following :

1. SUBSCRIPTION LEVY - All purchased lots attract a subscription levy of R8,000 + VAT for a RTR Race 'of their(the new owners') choice'. Given that the races in question will not necessarily be appropriate for quite a number of the lots I find it pretty prescriptive that this levy is mandatory.

Furthermore - it is not a percentage of the purchase price but a fixed fee; which significantly prejudices any owner fortunate enough to secure a lot at a low bid. eg a R50k horse sees its price inflated by 16% whereas a 500k lot by less than 2%.

But perhaps I forget that the majority of owners who used to mop up the 'cheapies' have long since departed the game.

If one refused to participate in this thinly disguised act of extortion would the sale be void? Hmmm.

By way of another example - Would you be that optimistic (stupid?) as to pay an entry fee to the Durban July on the very day you purchased a yearling? I think not.

2. INSURANCE - Purchases include MANDATORY insurance. Unless I am very uninformed insurance is a 'financial service' and, therefore, subject to the conditions of FAIS (Financial Advisory & Intermediary Services Act).

I am pretty certain that this condition violates a multitude of FAIS conditions.

Hope somebody can 'throw some light'.

Garrick - I am not sure , you raise good questions but in the end i- They are the Terms of Conditions of the sale - So as a perspective buyer the choice would be yours.

Terms and Conditions of Sale doesn't/isn't overwrite/above law and consumer rights...???