Terms & Conditions

Seller

OWNERSHIP

  • I/We (hereinafter referred to as “the Seller”), hereby warrants that the Seller is the registered owner/s of the immovable property together with all buildings and erections thereon and all fittings and fixtures of a permanent nature pertaining thereto as listed and advertised by Cleverprop.com (hereinafter referred to as “the Property”).
  • The Seller is duly authorised to sell the Property and hereby irrevocably appoints Cleverprop.com as the Seller’s marketing agent to procure the sale of the Property on the terms and conditions set out in this agreement.
    • The mandated selling price of the Property shall be the sales price as indicated during the registration and listing process with Cleverprop.com or any price as may be agreed upon in writing by me/us and Cleverprop.com (hereinafter referred to as “the Mandate Price”).
    • The commencement date of this mandate shall be the date of the listing of the Property on the Cleverprop.com platform and shall remain in force indefinitely or until the mandate has been withdrawn by either party giving the other party 1 (one) calendar month’s written notice (hereinafter referred to as the Mandate Period).
  • The Seller confirms that he has not entered into a sole mandate agreement with any other estate agency or agent in respect of the Property and hereby indemnifies Cleverprop.com against any claims from other estate agencies or agents of whatsoever nature.

COMMISSION

  • Cleverprop.com shall be entitled to agent commission in the amount of R32 000.00 (thirty-two thousand Rand) and the Seller shall be liable to pay the said agent commission as soon as either of the following events have occurred:
    • The Property is sold during the Mandate Period by Cleverprop.com or a representative of Cleverprop.com; or
    • If the Property is sold within 90 (ninety) days of the expiry of the Mandate Period to any purchaser who was introduced to the Property during the Mandate Period by Cleverprop.com or a representative of Cleverprop.com. Should any party have been introduced to the Property who is a trustee/ member/ family member/ shareholder/ director of the resultant purchaser, such purchaser shall be deemed to have been introduced to the Property by Cleverprop.com; or
    • If any party who was introduced to the Property by Cleverprop.com acquire shares in the company owning the Property within the Mandate Period or within 90 (ninety) days of expiry of the Mandate Period. In this instance, full commission shall become due and payable on the mandated selling price to Cleverprop.com by the Seller; or
    • If a signed offer to purchase from a willing and able purchaser is obtained and presented at the Mandate Price to the Seller and the Seller rejects/declines the offer for whatsoever reason.

ADVERTISING

  • The Seller hereby authorises Cleverprop.com to place a “For Sale” board on the Property during the Mandate Period and further authorises Cleverprop.com to place a “Sold” board on the Property as soon as the suspensive conditions, if any, of the agreement of sale are fulfilled.
  • The Seller authorises Cleverprop.com to advertise the Property on all recognized property advertising platforms as well as any social media platforms at Cleverprop.com’s sole discretion during the Mandate Period.

PERSONAL INFORMATION

  • The Seller acknowledges and warrants that all personal and property information given to Cleverprop.com is correct as at the time of giving the said information and as such indemnifies Cleverprop.com against any claims which may arise out of the incorrectness of information received by Cleverprop.com from the Seller.
  • The Seller further undertakes that upon the conclusion of an agreement of sale in terms of this mandate that the Seller shall provide Cleverprop.com, its agents or nominees with any further required documentation and/or information to enable efficient transfer of the Property to the purchaser.
  • The Seller herewith gives Cleverprop.com express consent to draw personal information for vetting and verification purposes.
  • Cleverprop.com undertakes to keep all personal information confidential.

BREACH

  • Should any party (the defaulting party) fail to fulfil any of the terms and conditions of this agreement on the due date and remain in default for a period of 7 (seven) days after the other party (the aggrieved party) delivered a written notice to the defaulting party specifying the breach and demanding that it be rectified, then the aggrieved party shall be entitled, at his sole discretion and without prejudice to any of his other rights in law to:
    • Claim specific performance by the defaulting party of all his/her/its obligations under the agreement; or
    • Cancel this agreement and claim damages; and
  • The parties choose as their domicilia citandi et executandi for all purposes under this agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature, the following addresses:
    • Cleverprop.com – Block A, Oxford Gate, 54 Oxford Street, Durbanville, 7550
    • The Seller – The address as entered when registering your personal information under the Identity Verification tab in the Seller’s profile on the Cleverprop.com platform.

ESTIMATED SAVINGS

  • The savings shown on the Cleverprop.com platform are only estimates dependant on a number of factors outside of Cleverprop.com’s control. As such the Seller shall have no claim against Cleverprop.com should the final savings not equate to the estimated savings as per the platform.

APPOINTMENT OF TRANSFERRING ATTORNEYS

  • The Seller hereby authorises Cleverprop.com to appoint the transferring attorneys to attend to the registration of transfer of the Property to the purchaser.
  • This is done to enable the Purchaser to qualify for the savings on attorney fees as shown on the platform.
  • Should Cleverprop.com’s nominated attorneys not be appointed by the Seller, the Seller’s appointed attorneys shall pay from the proceeds of the sale price the difference between the attorney’s fees so charged by the Seller’s attorneys and the R19 000.00 (exclusive of VAT) to the purchaser on date of registration of transfer.

GENERAL

  • The Seller acknowledges having read and understood the foregoing and that this document constitutes the entire agreement between the parties, and no provisions, undertaking, terms or condition will be binding between them unless it is contained herein.
  • No variation or amended of the terms of this agreement will be binding between the parties unless it has been reduced to writing and signed by both parties.
  • The parties acknowledge further that no other conditions, warranties, or representations have been made by either party except as are included in this document.
  • If any provision of this agreement is found, or held, to be invalid or unenforceable, it shall be deemed to be severable from the rest of the agreement and the validity and enforceability of all the other provisions of this agreement will not be affected thereby.
  • The Seller also acknowledges that he/she/it did not enter into this agreement as a result of direct marketing on the part of Cleverprop.com.

Purchaser

IDENTITY

  • I/We (hereinafter referred to as “the Purchaser”), hereby warrants that I am the Purchaser and am duly authorised to enter into an agreement of sale in respect of the property purchased by me/us.

PERSONAL INFORMATION

  • The Purchaser acknowledges and warrants that all personal information given to Cleverprop.com is correct as at the time of giving the said information and as such indemnifies Cleverprop.com against any claims which may arise out of the incorrectness of information received by Cleverprop.com from the Seller.
  • The Purchaser further undertakes that upon the conclusion of an agreement of sale in terms of this mandate that the Purchaser shall provide Cleverprop.com, its agents or nominees with any further required documentation and/or information to enable efficient transfer of the Property to the purchaser.
  • The Purchaser herewith gives Cleverprop.com express consent to draw personal information for vetting and verification purposes.
  • Cleverprop.com undertakes to keep all personal information confidential.

ADVERTISING

  • The Purchaser hereby authorises Cleverprop.com to place a “Sold” board on the Property for a period of 2 calendar months from the date of transfer into the name of the Purchaser.
  • The Purchaser further authorises Cleverprop.com to keep the property on the Cleverprop.com platform for a period of 2 calendar months after date of transfer into the name of the Purchaser.

BREACH

  • Should any party (the defaulting party) fail to fulfil any of the terms and conditions of this agreement on the due date and remain in default for a period of 7 (seven) days after the other party (the aggrieved party) delivered a written notice to the defaulting party specifying the breach and demanding that it be rectified, then the aggrieved party shall be entitled, at his sole discretion and without prejudice to any of his other rights in law to:
    • Claim specific performance by the defaulting party of all his/her/its obligations under the agreement; or
    • Cancel this agreement and claim damages; and
  • The parties choose as their domicilia citandi et executandi for all purposes under this agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature, the following addresses:
    • Cleverprop.com – Block A, Oxford Gate, 54 Oxford Street, Durbanville, 7550
    • The Seller – The address as entered when registering your personal information under the Identity Verification tab in the Seller’s profile on the Cleverprop.com platform.

ESTIMATED SAVINGS

  • The savings shown on the Cleverprop.com platform are only estimates dependant on a number of factors outside of Cleverprop.com’s control. As such the Purchaser shall have no claim against Cleverprop.com should the final savings not equate to the estimated savings as per the platform.
  • Cleverprop.com cannot guarantee that the financial institution where the Purchaser has obtain mortgage finance will make use of our preferred stakeholders and in the event that the mortgage financier elects another bond registration attorney to attend to the registration of the mortgage bond in favour of the mortgage financier, the Purchaser shall have no claim against Cleverprop.com in this regard.

GENERAL

  • The Purchaser acknowledges having read and understood the foregoing and that this document constitutes the entire agreement between the parties, and no provisions, undertaking, terms or condition will be binding between them unless it is contained herein.
  • No variation or amended of the terms of this agreement will be binding between the parties unless it has been reduced to writing and signed by both parties.
  • The parties acknowledge further that no other conditions, warranties, or representations have been made by either party except as are included in this document.
  • If any provision of this agreement is found, or held, to be invalid or unenforceable, it shall be deemed to be severable from the rest of the agreement and the validity and enforceability of all the other provisions of this agreement will not be affected thereby.
  • The Purchaser also acknowledges that he/she/it did not enter into this agreement as a result of direct marketing on the part of Cleverprop.com.