Hamptons Realty Group Rental Application – Terms & Conditions
IMPORTANT NOTICE:
By submitting a rental application to Hamptons Realty Group (“the Agency”), you ("the Applicant") confirm that you have read, understood, and agree to be bound by these Terms and Conditions, which govern the application process. These Terms protect the rights of Hamptons Realty Group, its agents, and the property owner (“the Landlord”).
1. Application Fee
1.1. A non-refundable application fee of R1,180 (One Thousand One Hundred and Eighty Rand) is payable upon submission of the application.
1.2. This fee covers costs associated with, but not limited to, credit bureau checks, affordability assessments, verification of supporting documentation, administrative processing, and communication with third parties.
1.3. Payment of the application fee does not constitute approval of the application, nor does it grant the Applicant any right of occupation or any claim against the Landlord, the Agency, or any of its agents.
1.4. Under no circumstances shall the application fee be refunded, including where an application is declined or withdrawn by the Applicant.
2. FICA Compliance
2.1. In terms of the Financial Intelligence Centre Act (FICA), all Applicants must submit the following mandatory documentation:
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Valid South African identity document or passport;
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Proof of current residential address (not older than three months);
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Three (3) most recent months’ personal bank statements;
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Proof of income (most recent payslip and/or employment confirmation letter).
2.2. The Agency reserves the right to request additional documents in compliance with legislative requirements.
2.3. Failure to provide the required documentation within the stipulated timeframe will result in automatic rejection of the application without liability to the Applicant.
3. Application Process and Approval
3.1. Submission of a rental application authorizes the Agency and/or its representatives to conduct full credit checks, employment verifications, affordability assessments, reference checks, and any other necessary investigations.
3.2. Approval of the application is entirely at the sole discretion of the Landlord and/or the Agency. Neither Hamptons Realty Group nor its agents make any warranties, guarantees, or representations regarding the approval of any application.
3.3. Upon approval, the Applicant will be required to:
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Sign a lease agreement within a timeframe stipulated by the Agency;
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Pay the damages deposit, first month’s rental, and any other agreed fees in full before occupation.
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Failure to comply may result in the withdrawal of approval without any obligation towards the Applicant.
4. Cancellation Policy
4.1. If the Applicant, after being approved and/or signing a lease, cancels, withdraws, or fails to take occupation for any reason, the following shall apply:
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A cancellation fee of R2,500 (Two Thousand Five Hundred Rand) will be charged, and;
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The Applicant will forfeit the entire rental deposit already paid.
4.2. The cancellation fee and forfeited deposit cover administrative costs, marketing and opportunity losses, and holding costs incurred by the Landlord and/or the Agency.
4.3. Any balance of funds remaining, after lawful deductions, will be refunded to the Applicant within 14 (fourteen) business days after receipt of a written cancellation notice and subject to final reconciliation of all costs and damages.
5. General Terms and Indemnity
5.1. All information provided by the Applicant must be complete, accurate, and truthful. Any misrepresentation, omission, or provision of false information shall entitle the Agency and/or Landlord to immediately reject the application or terminate any resulting lease without prejudice to their rights.
5.2. The Agency reserves the right to request additional documentation, reports, or information at any time before final approval.
5.3. Hamptons Realty Group, its agents, and the Landlord shall not be held liable for any damages, losses, or claims arising from the processing, approval, rejection, or cancellation of a rental application, whether caused by negligence or otherwise.
5.4. These Terms and Conditions may be amended from time to time at the sole discretion of Hamptons Realty Group. The version applicable at the time of submission will govern the application process.
5.5. By submitting an application, the Applicant:
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Consents to Hamptons Realty Group processing their personal information as required for the purposes of the rental application and in compliance with POPIA (Protection of Personal Information Act);
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Waives any right to claim against the Agency or its agents for any loss or damage arising from the lawful execution of these Terms.
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