Property Description: The specific property being sold is described (e.g., its address, plot number, and any fixed items included).
Condition of the Property: The seller declares there are no hidden defects to their knowledge, and all fixtures (like built-in cupboards or lights) are fully paid for and owned by them.

2. Exclusive Mandate and Timeframe

• Exclusive Rights: The seller gives the agency sole and exclusive rights to market and sell the property.
• Price: The property will be marketed at the agreed price (called the "mandated price"), which includes the agency's fee.
• Duration: The mandate starts on the date the agreement is signed and ends at 24:00 on the agreed end date.
• VAT Status: The seller confirms whether they are a VAT-registered vendor.

3. When the Agency Fulfills the Mandate
The agency fulfills their part of the agreement when:

• They Bring a Buyer: They present a buyer who offers at least the mandated price with reasonable terms.
• The Property is Sold: The seller signs a sale agreement with a buyer introduced by the agency during the mandate period.

4. Professional Fees (Commission)

• Agency’s Fee: The seller agrees to pay the agency a professional fee (commission), which is a percentage of the sale price.
• When Fees are Due:
• If the seller rejects a valid written offer at the mandated price, the fee is still payable.
• Once a sale agreement is signed.
• As specified in the sale agreement if different.
• If the seller sells the property under specific circumstances listed in clause 6 (e.g., after the mandate ends but to a buyer introduced by the agency during the mandate).
• VAT: The commission is subject to VAT at the current rate.

5. RNS Listing

• What is RNS? Residential Network Systems (RNS) is a property listing service where multiple agencies can access the property details.
• Agency's Obligation: The agency must list the property on RNS within 2–10 working days of the mandate start date.
• Shared Access: Other RNS member agencies will also have the right to market the property.
• Commission Sharing: If another RNS agency (not the listing agency) sells the property, the commission will be shared between:
• The original listing agency.
• The selling RNS agency, as agreed in percentages.
• Attorney Authorization: The seller authorizes the transferring attorney (chosen by the seller) to deduct and pay the commission from the proceeds of the property sale upon registration.

6. Appointing a Conveyancing Attorney

• Transfer Process: The seller agrees to use a specific attorney to handle the legal transfer of the property once it is sold.
• Agent’s Role: The agency will include this attorney’s details in the final sale agreement.

What This Means for the Seller

• The seller gives the agency exclusive rights to sell their property for a set period.
• The seller agrees to pay a commission when the property is sold or if a valid offer is rejected.
• The property will be listed on a network (RNS), giving multiple agents access to find buyers, but the original agency handles the process.
• The seller pre-authorizes payment of commission through the transferring attorney.

• Use Their Resources: The agency will market the property extensively to potential buyers.
• Advertise: The agency will decide on the best advertising platforms to expose the property to as many buyers as possible.
• Open Viewing for Agents: If requested, the agency will arrange a session for RNS agents to view and assess the property within 12 days of listing it on RNS. The specific date will be noted in the agreement.

6. When the Property is Sold by Others

• If the property is sold during the exclusive mandate period through someone other than the agency, the seller may still owe the agency their commission:
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• If the Agency Introduced the Buyer: The seller owes the agency commission even if the deal is concluded after the mandate period.
• If Another Agent Finds the Buyer: The seller still owes the agency commission if the buyer was introduced during the mandate period.
• If the Seller Finds Their Own Buyer: The seller owes the agency commission even if they sell the property themselves.

7. Seller’s Acknowledgments
The seller confirms:

• Legal Consequences: They understand the legal implications, such as possibly paying commission to two agents if there are overlapping mandates.
• Independent Agents: RNS agents work independently; the listing agency isn’t responsible for their actions.
• Mandate is Binding: Signing this mandate has legal consequences, but it doesn’t create a contract with RNS itself.
• No Other Mandates: The seller confirms they haven’t given another agent or agency rights to sell the property that overlap with this mandate.

8. Authorization to Financial Institutions

• The seller allows any bank or financial institution holding a mortgage bond on the property to provide the agency with details of the outstanding debt. This helps ensure a smooth sale process.

• Withdrawal During Mandate Period: The seller cannot cancel the agreement unless they decide to stop selling the property entirely (withdraw from the market).
• No Other Mandates: If the seller is released from this mandate, they can only sign another exclusive mandate with an RNS listing for the remainder of the original mandate period.

10. Legal Address (Domicilium)

• The seller chooses their address (or the property’s address) for receiving official notices related to this agreement.

11. POPIA Compliance (Privacy of Personal Information)

• The seller agrees that their personal information can be used in compliance with South Africa’s Protection of Personal Information Act (POPIA).
• This information may be shared with:
• Other RNS members.
• Attorneys handling the sale and bond cancellations.
• Banks and mortgage providers.
• Local authorities (e.g., for property taxes or clearance).

12. Special Provisions

• Any additional terms or special conditions will be written here.
• Signatures
• Seller’s Confirmation:
• The seller (and spouse, if required) confirms they’ve read and understood the agreement by signing it.

Agency’s Acknowledgment:

• The agency representative confirms they’ve explained the agreement and have a valid Fidelity Fund Certificate (proof of being registered with the Property Practitioners Regulatory Authority).
• Witnesses: Both parties need witnesses to sign for validation.

Key Takeaways for the Seller

• Commitment: The seller is giving the agency exclusive rights to market and sell the property. Any sale during this period, regardless of who finds the buyer, will still result in commission being owed.
• Agency’s Efforts: The agency promises to advertise the property widely and use their expertise to attract buyers.
• Transparency: The seller allows the agency to access mortgage details for smooth handling of the sale.
• Legal Consequences: The seller should ensure they’re not bound by other mandates to avoid paying multiple commissions.

• The report is about the condition of the property being sold (address will be included).
• It is not a guarantee or warranty. The seller is just sharing what they know about the property.
• Buyers should still get their own inspections or professional advice to confirm everything.

2. Key Definitions

• "To be aware": The seller is saying they know or have actual knowledge about a specific issue with the property.
• "Defect": A problem that could:
• Lower the property's value.
• Affect the health or safety of future occupants.
• Shorten the property's lifespan if not fixed.

3. What is Being Disclosed?

1. The seller is sharing this information in good faith, knowing buyers might rely on it to decide whether to buy the property.
2. The seller gives permission to the estate agent to share this report with potential buyers.

4. Providing Additional Information

• The seller must answer questions about the property honestly with "Yes," "No," or "Not Applicable (N/A)."
• If the seller answers "Yes" to any question (e.g., "Are you aware of defects in the roof?"), they must explain the issue in the additional information section.

5. Statements About the Property

The seller will answer if they are aware of problems like:

• Roof issues
• Electrical system problems
• Plumbing issues (e.g., in pipes or the swimming pool)
• Structural issues (e.g., cracks or flooding in the foundation)
• Boundary disputes (e.g., arguments about property lines)
• Unapproved renovations or improvements (e.g., added rooms without permits)
• If the property is a heritage site or historical building.

6. Seller’s Certification

• The seller confirms that everything they have written is true and accurate to the best of their knowledge when they sign the report.

7. If Someone Else Completes the Report

• If someone (like an agent or family member) fills out the form on behalf of the seller, they must:
• Confirm they are authorized by the seller to do so.
• Ensure the information is true and accurate.

8. Advice to Buyers

• The seller recommends that buyers:
• Get professional advice or inspections for the property.
• Make sure their sale agreement includes space for inspection results, any defect disclosures, and warranties.

9. Buyer’s Acknowledgment

• The buyer acknowledges that:
• They might need experts to find problems or confirm compliance with regulations.
• They’ve received a copy of this condition report.

10. Signatures

• The seller, buyer, and any person filling out the form (if not the seller) must sign the report to confirm it is accurate and complete.