Rental Procurement Terms and Conditions:

 

Last Updated: 1 September 2025

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1. Acceptance:

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By submitting a rental procurement request, property information, or otherwise engaging Hamptons Realty Group to market a property for rental purposes, the Property Owner ("Landlord") agrees to be bound by these Terms and Conditions.

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2. Appointment:

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The Landlord appoints Hamptons Realty Group to market the property, advertise the property, introduce prospective tenants, facilitate tenant screening, assist with lease preparation, and coordinate the leasing process.

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Hamptons Realty Group acts solely as an intermediary between landlords and prospective tenants.

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3. Nature of Service:

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Hamptons Realty Group provides a tenant procurement and facilitation service only unless otherwise agreed in writing.

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Hamptons Realty Group is not the owner, landlord, tenant, guarantor, insurer, legal advisor, accountant, or property manager unless specifically contracted separately.

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4. No Guarantee:

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The Landlord acknowledges that:

• No guarantee is made that a tenant will be secured.

• No guarantee is made regarding the speed of securing a tenant.

• No guarantee is made regarding the rental amount achievable.

• No guarantee is made regarding the future conduct, financial position, behaviour, or compliance of any tenant.

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5. Tenant Screening:

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Hamptons Realty Group may perform credit checks, affordability assessments, employment verification, reference checks, identity verification, and other screening procedures.

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Such checks are conducted as a risk assessment tool only and do not constitute any guarantee regarding the suitability, reliability, solvency, or future conduct of any tenant.

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6. Landlord Responsibilities:

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The Landlord warrants that:

• They are legally entitled to let the property.

• All information supplied is accurate and complete.

• The property complies with all applicable laws and regulations.

• All required certificates, approvals, permissions, and compliance documents are in place.

• The property is safe and fit for occupation.

• All utilities, rates, taxes, levies, and municipal charges are maintained in good standing.

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The Landlord remains solely responsible for the condition of the property.

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7. Lease Agreement:

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Any lease agreement entered into is concluded directly between the Landlord and the Tenant.

Hamptons Realty Group is not a party to the lease agreement and assumes no obligations arising from the lease.

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8. Limitation of Liability:

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To the fullest extent permitted by law, Hamptons Realty Group, its directors, employees, contractors, representatives, and agents shall not be liable for:

• Tenant default.

• Rental arrears.

• Property damage.

• Theft.

• Fraud.

• Misrepresentation by tenants.

• Eviction costs.

• Legal expenses.

• Loss of rental income.

• Vacancy periods.

• Utility account disputes.

• Maintenance disputes.

• Any direct, indirect, consequential, incidental, or special damages arising from the tenancy or leasing process.

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9. Indemnity:

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The Landlord indemnifies and holds harmless Hamptons Realty Group, its directors, employees, agents, and contractors from any claim, loss, damage, liability, cost, or expense arising from:

• The property.

• The tenancy.

• The lease agreement.

• Any act or omission of the tenant.

• Any inaccurate information supplied by the Landlord.

• Any dispute between the Landlord and Tenant.

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10. Digital Acceptance:

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The Landlord agrees that:

• Submission of any online form.

• Clicking any acceptance checkbox.

• Electronic communication confirming instructions.

• Digital signature.

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shall constitute valid and binding acceptance of these Terms and Conditions.

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11. Fees:

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Applicable fees and commissions shall be published separately on the Hamptons Realty Group website or agreed in writing between the parties.

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12. Governing Law:

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These Terms and Conditions shall be governed by the laws of the Republic of South Africa.