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Find Your Dream Home — Anywhere in South Africa
Alright — here’s a Terms & Conditions template tailored for a South African real estate agency.
It’s general enough to cover property sales, rentals, and property management but also structured so you can adapt it for your business.
Effective Date: 2025/08/12
Company Name: Gleeson Real Estate
Email: info@gleesonrealestate.co.za | Tel: 082 682 4245
1.1 These Terms and Conditions (“Terms”) govern all real estate services provided by [Your Agency Name] (“the Agency”, “we”, “our”, or “us”) to clients (“you” or “your”).
1.2 By engaging our services, whether for property sales, rentals, or management, you agree to be bound by these Terms.
1.3 These Terms are subject to the laws of the Republic of South Africa and relevant property and consumer legislation, including the Property Practitioners Act 22 of 2019, the Rental Housing Act 50 of 1999, and the Consumer Protection Act 68 of 2008.
We offer the following services:
Property Sales – Marketing and facilitating the sale of properties.
Property Rentals – Sourcing and vetting tenants, drafting lease agreements, and coordinating rental arrangements.
Property Management – Overseeing rental properties, including rent collection, maintenance, and tenant liaison.
Specific service terms may be outlined in separate agreements, such as a mandate agreement, management agreement, or lease agreement.
3.1 All property sales and rentals must be authorised by a signed mandate between the Agency and the property owner.
3.2 Mandates will specify the duration, commission structure, and obligations of both parties.
3.3 If the mandate is exclusive, you agree not to appoint another agency for the duration of the agreement.
4.1 Sales commission is calculated as a percentage of the final selling price, as agreed in the signed mandate.
4.2 Rental commission is calculated as a percentage of the monthly rental or a once-off placement fee, as agreed.
4.3 Property management fees are charged monthly, based on the agreed percentage or fixed amount.
4.4 All fees and commissions are subject to VAT where applicable.
You agree to:
Provide accurate and truthful information about the property.
Ensure that all required compliance certificates (electrical, gas, water, beetle, etc.) are obtained where applicable.
Grant the Agency reasonable access to the property for viewings, inspections, and maintenance.
Honour the terms of any signed mandate, lease agreement, or sales agreement.
6.1 We conduct tenant vetting, which may include credit checks, employment verification, and affordability assessments.
6.2 Final approval of a tenant remains the landlord’s responsibility unless otherwise stated in the management agreement.
6.3 Lease agreements will be compliant with South African rental laws and may include clauses for deposits, maintenance responsibilities, and eviction procedures.
If you engage us for property management:
We will collect rent and pay it over to you, minus applicable fees.
We will arrange maintenance using our approved contractor network.
We will conduct inspections as per the agreement (e.g., quarterly or bi-annual).
We will manage lease renewals, terminations, and tenant replacements.
8.1 Either party may terminate an agreement by giving written notice as specified in the signed mandate or service agreement.
8.2 All fees due up to the date of termination remain payable.
While we exercise due care in providing our services, the Agency will not be liable for:
Losses arising from tenant default or property damage unless due to our negligence.
Market fluctuations affecting property value.
Delays caused by third parties, regulatory bodies, or unforeseen circumstances.
We comply with the Protection of Personal Information Act (POPIA).
Your personal information will only be used for the purposes of providing our services and will not be shared with third parties without consent, except as required by law.
Any disputes will first be addressed through negotiation. If unresolved, they may be referred to mediation or arbitration in accordance with South African law.
We reserve the right to amend these Terms, with notice to you. Continued use of our services constitutes acceptance of the amended Terms.
