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(1) Subject to subsection (2), the advertisement of an auction is merely an intimation of an intention to sell, and in the absence of fraud, intending purchasers who attend an auction do not have a right of action if the property is not put up for sale or where the property put up for sale is withdrawn.

(2) Where an advertisement amounts to a representation of fact that the auctioneer is authorised to sell and this representation is fraudulent, a person who incurs an expense on the faith of the fraudulent representation may sue the auctioneer in tort.