​Hamptons Realty Group – Sales Mandate Terms & Conditions​

Last Updated: 1 September 2025

IMPORTANT NOTICE:
By signing a Sales Mandate with Hamptons Realty Group (“the Agency”), the Seller (“the Mandator”) acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions, which govern the marketing, listing, and sale of the property.

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These Terms ensure the protection of Hamptons Realty Group, its agents, and the professional execution of the sales process.

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1. Definitions

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• Sole and Exclusive Mandate: Exclusive right granted to Hamptons Realty Group to market and sell the property for a specified period. No other agents may be appointed during the mandate period, should the seller sell either privately or through another agent during the mandate period, then the seller shall be liable for the full professional fee as initially agreed upon based on the actual sales price. 

• Dual Mandate: The Seller appoints Hamptons Realty Group along with one (1) other specific agency to market and sell the property simultaneously.

• Open Mandate: The Seller retains the right to appoint multiple agencies to market the property concurrently, with commission payable only to the agency who secures a successful sale.

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2. Mandate Period

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2.1. The Mandate shall commence on the date of signature by both parties and shall remain in force for the agreed fixed term as specified in the signed mandate agreement.

2.2. Should the property be sold within the mandate period, or to a purchaser introduced during the mandate period (even after expiry), the Agency shall be entitled to full commission.

2.3. For sole mandates, the Seller agrees not to market the property privately or through any other agency during the mandate period.

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3. Commission and Payment

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3.1. The commission payable to Hamptons Realty Group shall be calculated as a percentage (%) of the total selling price, or a fixed agreed amount, as stipulated in the mandate agreement + VAT.

3.2. Commission is earned:

• Upon the Seller’s acceptance of a valid offer to purchase (OTP) from a willing and able purchaser,

• Regardless of whether the sale is subsequently cancelled due to the Seller’s default or withdrawal, unless otherwise stipulated in writing.

3.3. Commission shall be payable on registration of transfer, or earlier if the Seller breaches the signed offer to purchase.

3.4. If the Seller sells the property to any purchaser introduced by Hamptons Realty Group (directly or indirectly) during the mandate period or within 6 (six) months thereafter, the full commission shall still be payable.

3.5. Any agreement signed by the seller will not amend or supersede the initial agreed commission amount unless such amendment is agreed to in writing by the principle of Hamptons and a new mandate agreement signed. 

3.6. The commission agreed to is to be free of any deductions from the attorneys, should there be any such deductions the seller agrees that he/she shall be personally liable for the deductions. 

3.7. Any change or reduction in the sales price does not nullify the original signed agreement. The commission being a percentage already compensates for the change in the price. Any change shall be subject to clause 3.5. 

3.8. The commission shall not be withheld from the agency for whatever reason.

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4. Marketing Authorization

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4.1. The Seller authorizes Hamptons Realty Group to:

• Market the property using various marketing platforms, including but not limited to online portals, social media, printed media, show days, signage boards, and internal databases.

• Erect “For Sale” boards (where permissible by local regulations and homeowner rules).

4.2. Hamptons Realty Group retains editorial discretion regarding the marketing material, images, descriptions, and platforms utilized.

4.3. The Seller warrants that they are the lawful owner of the property and/or are duly authorized to grant such marketing rights.

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5. Seller’s Undertakings

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5.1. The Seller warrants that:

• The information provided regarding the property is accurate and complete;

• All municipal accounts, rates, taxes, levies, and charges are fully paid or will be settled prior to transfer;

• The seller warrants that where the property is jointly owned / he or she has the consent of the other spouse to sign for them jointly. 

• They will disclose any defects or disputes affecting the property in compliance with the Property Practitioners Act.

5.2. The Seller agrees to cooperate with the Agency in scheduling viewings and providing access for prospective buyers, property inspectors, valuers, and legal representatives.

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6. Breach

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6.1. Should the Seller breach the mandate by:

• Appointing another agent during a sole mandate period;

• Selling the property privately without informing Hamptons Realty Group;

• Withholding payment of commission;

• the Agency shall be entitled to enforce its rights, including claiming damages, commission, and legal costs on an attorney-and-own-client scale.

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7. General Terms

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7.1. The Seller consents to Hamptons Realty Group processing their personal information in accordance with the Protection of Personal Information Act (POPIA).

7.2. The Seller acknowledges that Hamptons Realty Group is acting as an independent contractor and not as a partner, employee, or agent of the Seller beyond the mandate scope.

7.3. These Terms & Conditions may be updated without notice, and the latest version at the time of signing the mandate will govern the agreement.

7.4. Any amendment to the mandate or deviation from these Terms must be in writing and signed by both parties.

7.5 In the case of an exclusive mandate the seller agrees that should he or she decide to take the property off the market for what ever reason during the mandate period, that Hamptons shall be entitled to suspend the mandate indefinitely. Should the seller then at a later stage decide to resell, he/she agrees to allow first Hamptons Realty Group the right to advertise for the balance the mandate period. If the Seller does not allow Hamptons the balance of the days or should the seller sell at any point during the suspension period or the actual mandate with anyone other than through Hamptons Realty Group, the seller agrees to pay Hamptons Realty Group its full professional fee as agreed upon based on the actual sales price. ​​