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Terms and Conditions

Online agreement between Seller and Localprop.co.za

Authority to help Sell your property

    • By listing your property on localPROP.co.za you agree to all the terms and conditions contained on localPROP.co.za
    • You agree that you are the registered owner of the property together with all the buildings and erections there upon.
    • You agree to appoint Localprop.co.za (the agent) the Sole and Exclusive right to sell and market your Property
    • You agree that the start date of this mandate shall be the same date of the listing of your property on Localprop.co.za and will continue indefinitely until your property is sold or withdrawn from the market by giving Localprop.co.za at least 1 calendar months written notice.
    • You agree that you have NOT entered into a sole mandate agreement with any other estate agency or agent in respect of your property.
    • You agree that the selling price (Mandate Price) of the property will be the same as the listing price on Localprop.co.za.
    • You agree that should any buyer be willing to present an offer the said offer is to be in writing and the documentation to be completed with an agent of local prop.co.za in their offices (6 Batting Road, Beacon Bay, East London, 5241. The conditions of the offer to be discussed with the representative of Localprop.co.za 

Professional Fee

    • You agree to pay the professional fee to Localprop.co.za if the property sells within 90 (ninety) days after the expiry/cancellation of the Mandate Period to any purchaser who was introduced to the Property during the Mandate Period by Localprop.co.za or a representative of Localprop.co.za. All records of buyers introduced will be logged and retained by localPROP electronically.
    • You agree to pay the professional fee if the property sells to either a director, shareholder, trustee, member or family member of the resultant purchaser. It will be deemed as though this purchaser was introduced to the property by Localprop.co.za or representative
    • You agree that the professional fee is earned once an offer to purchase has been received from a buyer and is acceptable to you the Seller. Please note that should the Mandate Price be obtained and not accepted then you the seller shall be liable for the professional fee.
    • You agree that once the professional fee is earned it will be payable in full on transfer of the property into the buyer’s name.
    • You agree that the professional fee payable is determined by the package chosen by you as laid out by Localprop.co.za
      • Package 1: Self Sell – R24 995 excl Vat
      • Package 2: localPROP Agent Assist R29 995 excl Vat
      • Package 3: localPROP Exclusive Agent 6% + Vat of the Mandate Price

Advertising your home

    • You agree to erect either 1 Localprop.co.za for sale board on your property or 2 if your home is located on a corner property (1 per road frontage)
    • You agree to collect ‘for sale’ boards from Localprop.co offices, 6 Batting Road, Beacon Bay, East London. Deposit of R200 per board is applicable
    • You agree to allow Localprop.co.za to advertise on all property marketing platforms as well as all social media platforms at Localprop.co.za’s discretion during the period of the Mandate
    • You agree that Localprop.co.za does not warrant or guarantee that all photos, digital images, data, text or information that you have uploaded or sent will not be subject to inadvertent damage, corruption or destruction. Should any of this occur you agree not to hold Localprop.co.za liable for any damages
    • You agree that you are the owner and solely responsible for the digital images, photos, data, text that you upload to Localprop.co.za, that you are not in violation of any copy write or trademark laws and that Localprop.co.za are not responsible for the content contained therein.
    • You agree that Localprop.co.za reserves the right to refuse to upload, display, and advertise any digital images, photos, data, text that they deem not appropriate.
    • You agree that Localprop.co.za. may use digital images, photos, data and text that have been uploaded in order to create advertisements for the use in e-mail and social media marketing

Information

    • You agree that all the information you supply while listing your property with Localprop.co.za is correct and that you, the seller, indemnifies Localprop.co.za from any claims arising from incorrectness of information you have provided.
    • You agree that should the sale take place as per the Mandate agreement, you will provide all necessary documentation required to Localprop.co.za, its agents or nominees in order to enable the efficient and smooth sale of the property.
    • You allow Localprop.co.za to draw personal information for vetting and verification purposes
    • co.za undertakes to keep all your personal information obtained confidential.
    • You agree that your use of Localprop.co.za is at your own risk. Localprop.co.za have provided the systems “as is” and “as-available” for use, without warranties of any kind.
    • You agree that in no case shall Localprop.co.za or any of its agents or contractors be liable for any direct, indirect, incidental, special or consequential damages arising from your use of any of the Localprop.co.za systems.
    • You agree that upon registration on Localprop.co.za that as part of that process we will take details of your IP address.

The legal stuff

    • You agree that once your property is listed, you will have the option of choosing the attorney’s that will transfer the property in to the purchasers’ name.
      • Option 1: Bate Chubb and Dickson
      • Option 2: Drake Flemmer and Orsmond
      • Option 3: Your choice
    • In order to bring more buyers to your home we have a pre-agreed fixed price agreement with the Attorney’s listed above which translates into more savings for the purchaser. If you chose Option 3: Your Choice, then you agree that those attorneys either match the discount we have agreed with the other attorneys or that the discount be paid from the proceeds of the sale to the purchaser upon registration.

Breach

    • You agree to pay the full professional fee of 6% plus Vat on the selling price of the property should it be found that you are circumventing or attempting to circumvent the professional fee
    • You agree that should there be a party (defaulting party) that fails to perform on any of the terms and conditions of this agreement and be found in breach, a written notice shall be delivered, either via e-mail or postal service, to the defaulting party and a further 7 days shall be given to rectify the breach, failing which the aggrieved party shall be entitled to claim specific performance by the defaulting party on their obligations under the agreement or cancel the agreement and claim damages.
    • You agree to receive notices at your chosen, domicilia citandi et executandi. This is your address where you would like to receive all legal notices. Ours for Localprop.co.za is ; 6 Batting Road, Beacon Bay, East London, 5241

The final general points

    • You agree that you have read and understood all the above conditions of sale and this document constitutes as the entire agreement and that no other conditions, provisions or undertakings will be binding on either party unless contained herein.
    • You agree that no variations of this document will be binding unless the variation is done in writing and signed by all parties involved.
    • You agree that you have not entered in to this agreement due to any form of direct marketing by Localprop.co.za
    • You agree that these terms and conditions will be used for a timed voluntary online auction should your property not sell within 3 months of posting the property online. A minimum reserve will be agreed and signed as an addendum to this agreement.

Online agreement between Buyer and Localprop.co.za

Information

    • You agree that the information that you have provided is true and accurate at the time of giving it to localprop.co.za and that you indemnify localprop.co.za against any claims arising from any incorrectness of information received from Sellers.
    • You agree that all documentation pertaining to the sale of a property to be discussed and signed with an agent of Localprop.co.za at their offices located at 6 Batting Road, Beacon Bay, East London 5241
    • You agree that once there is a successful sale agreement signed by both parties you will provide all necessary documentation to localprop.co.za, its agents, or contractors in order for the efficient transfer of the property to occur.
    • You agree to give localprop.co.za your express consent to use your ID number that you provided to draw personal information for vetting and verification purposes.
    • localprop.co.za undertakes to keep all your information private secure and confidential

General Points

    • You agree that you have read and understood all the above conditions of sale and this document constitutes as the entire agreement and that no other conditions, provisions or undertakings will be binding on either party unless contained herein.
    • You agree that by contacting any of the sellers on this platform or by making an offer you agree and will abide by all the terms and conditions contained within the website.
    • You agree that no variations of this document will be binding unless the variation is done in writing and signed by all parties involved.
    • You agree that you have not entered in to this agreement due to any form of direct marketing by localprop.co.za
    • Should finance be required for your property purchase, you agree to use FastTrack as bond originators (our preferred partner) to expedite the suspensive financial conditions with the major banks. This cost will not be borne by the buyer.
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