Mandacate (Pty) Ltd (“Mandacate”) operates as a digital property mandate allocation platform and intermediary only, facilitating the introduction and structured connection between Sellers and registered property practitioners.

1. Nature of the Mandacate workflow

• 1.1 The Seller acknowledges that Mandacate (Pty) Ltd operates as a digital property mandate allocation platform and intermediary only, facilitating the introduction and structured connection between Sellers and registered property practitioners.
• 1.2 Mandacate is not a party to the final estate agency mandate, offer to purchase, agreement of sale, conveyancing process, valuation agreement, or any dispute between the Seller and the Agency.
• 1.3 The Seller further acknowledges that the initial allocation of a mandate through the Mandacate Platform constitutes a provisional digital mandate allocation only, created for the purpose of enabling the selected Agency or Agencies to engage the Seller, inspect the property, discuss market value, request documents, and decide whether they wish to proceed to final mandate conclusion.
• 1.4 The provisional digital mandate allocation does not:
• 1.4.1 constitute the final accepted estate agency mandate;
• 1.4.2 authorise marketing, listing, advertising or board placement by the Agency;
• 1.4.3 fix the asking price of the property; or
• 1.4.4 create a final and binding sole, dual or open mandate for marketing purposes.

2. Type of mandate selected on the Platform

• 2.1 The Seller acknowledges that the type of mandate selected through the Platform depends on the number of Agencies chosen by the Seller.
• 2.2 Sole and Exclusive Mandate
• 2.2.1 Where the Seller selects one (1) Agency only, the Seller indicates an intention to proceed on a sole and exclusive basis, subject always to the conclusion of the final written mandate contemplated in clause 4 below.
• 2.3 Dual Mandate
• 2.3.1 Where the Seller selects two (2) Agencies, the Seller indicates an intention to proceed on a dual mandate basis, subject to final written mandates being concluded with each selected Agency.
• 2.4 Open Mandate
• 2.4.1 Where the Seller selects more than two (2) Agencies, the Seller indicates an intention to proceed on an open mandate basis, subject to final written mandates being concluded with such Agencies as elect to proceed.
• 2.5 In the case of a dual or open mandate, the Seller’s selection of more than one Agency constitutes express disclosure that other Agencies may simultaneously hold mandates in respect of the same property.

3. Agency response to provisional allocation

• 3.1 Upon receipt of the provisional digital mandate allocation, the Agency may elect through the Platform either:
• 3.1.1 to decline further engagement; or
• 3.1.2 to proceed to inspect, evaluate and discuss a possible final mandate with the Seller.
• 3.2 An Agency election to proceed in terms of clause 3.1.2 shall not in itself amount to legal acceptance of the final mandate, but shall merely authorise the Agency to contact the Seller and to commence the mandate finalisation process.
• 3.3 The Agency remains entitled, in its professional discretion, to decline to proceed further after inspection, valuation review, document review, disclosure review or any other lawful due diligence.

4. Final mandate and when it becomes binding

• 4.1 A final and binding estate agency mandate between the Seller and the Agency shall come into existence only once all of the following have occurred:
• 4.1.1 the Agency has inspected or sufficiently assessed the property and elected to proceed;
• 4.1.2 the Seller and the Agency have agreed in writing on the asking price or listing price, commission, mandate term and material marketing instructions;
• 4.1.3 the Seller has completed and signed all mandatory property disclosure documentation and such other authority documents as may lawfully be required;
• 4.1.4 the Agency has accepted the final mandate in writing; and or accepted on the Platform after finalizing Price Counseling with the Seller.
• 4.1.5 the final mandate has been signed by or on behalf of the Seller and the Agency, whether in manuscript or by legally compliant electronic signature.
• 4.2 Only once clause 4.1 has been fully satisfied shall the mandate become legally binding and enforceable for marketing purposes.
• 4.3 The Agency shall furnish the Seller with a copy of the final signed mandate without undue delay.

5. Asking price and valuation process

• 5.1 No asking price shall be deemed agreed merely by reason of the Seller’s use of the Mandacate Platform.
• 5.2 The asking price shall be determined only after engagement between the Seller and the Agency, having regard to market-related factors, comparable sales, condition, location and professional pricing advice.
• 5.3 The final agreed asking price shall be recorded in writing in the final mandate or in a written addendum signed or otherwise lawfully accepted by the parties.
• 5.4 Any later change to the asking price shall be of no force unless confirmed in writing.

6. Commission

• 6.1 Subject to the final written mandate and applicable law, the standard commission applicable will be finalized between the agency and the seller.
• 6.2 No hidden administration fee, onboarding fee, sourcing fee or undisclosed marketing fee shall be payable by the Seller unless expressly agreed in writing in the final mandate.
• 6.3 Commission shall be payable only to the Agency lawfully entitled thereto and ordinarily only upon registration of transfer, unless applicable law or the signed mandate provides otherwise.
• 6.4 In the case of a dual or open mandate, commission shall be payable only to the Agency that is the effective cause of the sale and is legally entitled to such commission.

7. Compliance certificates and Mandacate benefit

• 7.1 The Seller acknowledges that the compliance-related benefit promoted through Mandacate is a transaction-linked benefit and not an immediate cash entitlement upon provisional mandate allocation.
• 7.2 Compliance inspections, certificates and related quotations shall ordinarily only be instructed once there is a bona fide transaction in place and the relevant sale has progressed to a commercially and legally appropriate stage.
• 7.3 The maximum contribution toward compliance-related costs shall be limited to 0.5% of the final selling price, subject to Mandacate’s applicable partner and service policies.
• 7.4 Should compliance-related costs exceed such amount, the Seller shall remain liable for the excess.
• 7.5 If compliance-related services have already been performed and the sale later fails, is cancelled or does not proceed to registration for reasons not attributable to the relevant service provider, the Seller shall remain liable for the actual compliance costs incurred.

8. Duration

• 8.1 Unless otherwise recorded in the final written mandate, the mandate period shall run for 90 (ninety) calendar days from the effective date of the final mandate.
• 8.2 Any renewal, extension or conversion of the mandate shall be valid only if agreed in writing.
• 8.3 In the case of a sole and exclusive mandate, exclusivity shall commence only upon the effective date of the final mandate and not on the date of the Seller’s initial platform allocation.

9. Seller cancellation rights and consumer protection

• 9.1 Before final mandate conclusion
• 9.1.1 The Seller may withdraw the provisional digital mandate allocation at any time before conclusion of the final mandate, without penalty.
• 9.2 After final mandate conclusion
• 9.2.1 The Seller may cancel the final mandate:
• 9.2.1.1 by mutual written agreement with the Agency;
• 9.2.1.2 immediately, where the Agency has committed fraud, dishonesty, material misrepresentation, serious unethical conduct, unlawful conduct, or unauthorised marketing;
• 9.2.1.3 upon written notice requiring remedy within 7 (seven) days where the Agency has materially failed to perform its expressly recorded obligations and has failed to remedy such breach within that period; or
• 9.2.1.4 in any other circumstances where cancellation is permitted by applicable law.
• 9.3 CPA protection
• 9.3.1 Where the Seller is a natural person consumer and the final mandate constitutes a fixed-term consumer agreement to which the Consumer Protection Act applies, nothing in this agreement shall limit the Seller’s right to cancel on lawful notice as contemplated by applicable law, subject only to lawful charges, accrued amounts and any reasonable cancellation penalty permitted by law.
• 9.4 Direct marketing cooling-off
• 9.4.1 Where the final mandate resulted from direct marketing and the Consumer Protection Act applies, the Seller shall retain any cooling-off right available in law.
• 9.5 No clause in this agreement shall be interpreted as excluding or limiting any non-waivable statutory consumer right.

10. Consequences of sole mandate and protected purchasers

• 10.1 In the case of a sole and exclusive mandate, the Agency shall, before or at conclusion of the final mandate, clearly explain to the Seller in writing:
• 10.1.1 the legal implications if the Seller sells the property privately during the mandate period;
• 10.1.2 the legal implications if the Seller appoints another agency during the currency of the sole mandate; and
• 10.1.3 the specific marketing obligations the Agency undertakes.
• 10.2 Any claim by the Agency to commission after expiry or cancellation arising from a purchaser allegedly introduced during the mandate period shall be enforceable only if:
• 10.2.1 such protection was expressly recorded in the final mandate;
• 10.2.2 the relevant legal implications were properly explained in writing to the Seller; and
• 10.2.3 the Agency identifies the allegedly protected purchaser or purchasers to the Seller in writing within 5 (five) business days after expiry or cancellation.

11. Marketing, boards and advertising

• 11.1 No marketing, public advertising, online listing, show day, social media campaign, distribution of photographs, or placement of a “For Sale”, “On Show” or similar board may take place before the final mandate has become binding in terms of clause 4.
• 11.2 No board or signage may be placed on the property unless the Seller has given written consent thereto.
• 11.3 The Agency shall at all times comply with all municipal, estate, body corporate, homeowners’ association and legal requirements relating to boards, signage and advertising.

12. Seller authority and multiple owners

• 12.1 The Seller warrants that he or she is the registered owner of the property or is duly authorised by all registered owners to allocate the provisional mandate and to conclude the final mandate.
• 12.2 If the property is owned by more than one person, a trust, deceased estate, company, close corporation or any other entity, the Agency may require all necessary resolutions, consents, identity documents, letters of authority or signatures before accepting the final mandate.
• 12.3 If such authority is not furnished on request, the Agency may decline to proceed and the provisional allocation shall lapse without liability.

13. Mandatory disclosure and property condition

• 13.1 The Seller undertakes to complete honestly and fully the prescribed mandatory disclosure form and any property condition disclosure required by law.
• 13.2 The Agency shall not be obliged, and shall not be entitled, to accept the final mandate until such disclosure documentation has been completed and signed as required by law.
• 13.3 The Seller acknowledges that the completed mandatory disclosure documentation may be required to accompany the eventual sale documentation and that failure to disclose defects may have legal consequences.

14. Professional conduct, complaints and seller rights

• 14.1 The Agency warrants that it and its relevant practitioners are duly registered and compliant as required by law and shall perform all services in accordance with the Property Practitioners Act, its regulations, the Code of Conduct and all other applicable laws.
• 14.2 The Seller retains the right to lodge a complaint with the PPRA in respect of alleged misconduct, non-compliance or unethical conduct by the Agency or its representatives.

15. Mandacate’s limitation of role

• 15.1 Mandacate does not determine the market value, does not negotiate the final asking price, does not guarantee a sale, does not guarantee agency performance, and does not assume the Agency’s statutory or professional obligations.
• 15.2 All estate agency services after final mandate conclusion shall be rendered solely by the Agency at its own risk, in its own name, and subject to applicable law.

16. Signatures and digital records

• 16.1 The provisional platform allocation may be evidenced by electronic records, platform logs, confirmations, timestamps, IP data, email confirmations and related digital records.
• 16.2 The final mandate may be executed in manuscript or by legally compliant electronic signature or and acceptance button on the Platform.
• 16.3 For the avoidance of doubt, a simple platform selection or logo click shall be sufficient for the provisional allocation stage.