Real Estate Attorneys and Property Professionals

Privacy Policy

 

Introduction

Persons accessing this web site, subject themselves and agree to HomeLegal Realty’s privacy policy, as set out below.

HomeLegal Realty values its visitors’ privacy and we are committed to keeping your information confidential. This privacy policy summarizes what information we might collect from a registered user or other visitors (“you”), and what we will and will not do with it.

Please note that this privacy policy does not govern the collection and use of information by companies that HomeLegal Realty does not control, nor by individuals not employed or managed by HomeLegal Realty. If you visit a website that we mention or link to, be sure to review its privacy policy before providing the site with information.

 

What we do with your personally identifiable information

It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to register you as a user or provide you with any products or services. “Personally identifiable information” means information that can be used to identify you as an individual, such as, for example:

  • your name, company, email address, phone number, billing address;
  • financial history;
  • any account-preference information you provide us;
  • your computer’s domain name and IP address, indicating where your computer is located on the Internet;
  • session data for your login session, so that our computer can ‘talk’ to yours while you are logged in.

If you do provide personally identifiable information to us, either directly or through another business partner, we will:

  • not sell or rent it to a third party without your permission — although unless you opt out (see below), we may use your contact information to provide you with information
  • we believe you need to know or may find useful, such as (for example) news about our services and products and modifications to the Terms and Conditions;
  • take commercially reasonable precautions to protect the information from loss, misuse and unauthorized access, disclosure, alteration and destruction;

not use or disclose the information except:

  • as necessary to provide our services;
  • in other ways described in this privacy policy or to which you have otherwise consented;
  • in the aggregate with other information in such a way so that your identity cannot reasonably be determined (for example, statistical compilations);
  • as required by law, for example, in response to a subpoena or search warrant;
  • to outside auditors who have agreed to keep the information confidential;
  • as necessary to enforce the Terms and Conditions;
  • as necessary to protect the rights, safety, or property of HomeLegal Realty, its users, or others; this may include (for example) exchanging information with other organizations for fraud protection and/or risk reduction.

 

Please note that, while all attempts are made to secure information transmitted to this Web Site, if you are submitting personal details or other information over the Internet which you wish to remain private, there is a possibility that information you submit could be observed by a third party while in transit

 

Other information we collect

We may collect other information that cannot be readily used to identify you, such as (for example) the domain name and IP address of your computer. We may use this information, individually or in the aggregate, for technical administration of our website, research and development, customer- and account administration and to help us focus our marketing efforts more precisely.

 

Cookies

HomeLegal Realty uses “cookies” to store personal data on your computer. We may also link information stored on your computer in cookies with personal data about specific individuals stored on our servers. If you set up your web browser (for example, Internet Explorer or Firefox) so that cookies are not allowed, you might not be able to use some or all of the features of our website.

 

External data storage sites

We may store your data on servers provided by third party hosting vendors with whom we have contracted.

 

Your privacy responsibilities

To help protect your privacy, be sure:

  • to take customary precautions to guard against “malware” (viruses, Trojan horses, bots, etc.), for example by installing and updating suitable anti-virus software.

 

Changes to this privacy policy

We reserve the right to change this privacy policy as we deem necessary or appropriate because of legal compliance requirements or changes in our business practices. If you have provided us with an email address, we will try to notify you, by email to that address, of any material change to how we will use personally identifiable information.

Terms & Conditions

 

 1.  Buyer

Once a buyer’s offer is accepted by the seller, these terms and conditions will become binding and the buyer will be obliged to sign all relevant documentation and pay all relevant transfer and other costs that are required in order to give effect to the sales transaction and the ultimate transfer of the property into the name of the buyer at the Deeds Office in Cape Town.

 

2.  Seller

By accepting the buyer’s offer, these terms and conditions will become binding and the seller will be obliged to sign all relevant documentation and pay the appropriate rates clearance amount in order to give effect to the sales transaction and the ultimate transfer of the property into the name of the buyer at the Deeds Office in Cape Town. In addition, the seller becomes liable for payment of the 1,95% commission (or min. R22,500.00) plus VAT charged by HomeLegal Realty which is payable on the transfer of the property into the name of the buyer.

 

3.  Listing

The seller hereby confirms that:
3.1  the property listing details are to the best of his/her knowledge factually correct;
3.2  he/she is the registered owner of the property or is legally mandated to list the property on behalf of the owner.

 

4.  Photography

Under no circumstance are HomeLegal Realty’s photographs to be used by another agency or individual for marketing purposes. All content, trademarks and data on this web site, including but not limited to text, designs, graphics, and icons are the property of HomeLegal. As such they are protected from infringement by domestic and international legislation and treaties. Photographs will be sent to the homeowner upon the successful sale and transfer of the property.

 

5.  Effective Cause

HomeLegal Realty shall be regarded as the effective cause of the sale in the event that a buyer, or any related person (as defined in the Income Tax Act), or any person otherwise related to the buyer, is directed to the property or to the seller through the HomeLegal Realty website and buys the property irrespective of when such a sale takes place.

 

6.  Commission Payable

The seller shall pay HomeLegal Realty 1.95% commission plus VAT for the conclusion of a successful sale of the seller’s property. The commission shall be deemed to have been earned upon acceptance by the seller of the offer by the buyer and is payable from the proceeds of the sale on date of registration of transfer or upon cancellation due to either party’s breach of contract. No commission is earned if the property is not sold or transferred. In the event of the sale being cancelled or transfer not being passed, the defaulting party shall be liable to HomeLegal Realty for the payment of the appropriate commission. In the event of the sales transaction/deed of sale being cancelled by mutual agreement, the seller and the buyer shall be jointly and severally liable to pay the commission to HomeLegal Realty.

 

7.  Website Disclaimer

Whilst HomeLegal Realty has taken all reasonable measures to ensure the integrity of the data and other content on its website, no warranty, whether expressed or implied is given that the data and content are factually correct, free from errors or omissions or that the service will be 100% uninterrupted and error free at all times. Under no circumstances will HomeLegal Realty be liable for any costs, expenses, losses and/or damages of any nature (whether direct or indirect) arising from:

  • the use or inability to use this web site,
  • any information or content provided from and through this web site,
  • information in any way connected with data and content on this website
  • any related agreements entered into whether or not such costs, losses and damages are based on such agreements or not.

 Any warranty implied by law is hereby excluded, except to the extent to which such exclusion would be unlawful.

 

INFORMATION NOT UPDATED OR TO BE RELIED ON

Whilst HomeLegal Realty uses all reasonable efforts to include accurate and up-to-date information on the Web Site, we make no warranties or representations with respect to the content of the Web Site. HomeLegal Realty assumes no responsibility for updating the Web Site or its content or notifying users of information that is inaccurate, incomplete, or out-of-date.

 

NO LIABILITY

HomeLegal Realty will not be held responsible or liable for any interruption or discontinuance of any or all functionality of this Web Site, whether as a result of actions or omissions from HomeLegal Realty or a third party.

 

CHANGES AND AMENDMENTS

HomeLegal Realty expressly reserves the right to alter and/or amend any information set out in this Web Site without notice. Furthermore, HomeLegal Realty may at any time revise or update these terms and conditions. The user is bound by such revisions and should therefore periodically visit this page.

 

AGREEMENTS IN TERMS OF SECTION 21 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTION ACT

No information or data on this Web Site constitutes a solicitation, recommendation, endorsement or offer by HomeLegal Realty, but merely an invitation to do business. No agreements shall be concluded merely by sending a data message to this Web Site or its owners.

 

ELECTRONIC COMMUNICATIONS


By using this Web Site or communicating with HomeLegal Realty by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.

 

LINKS TO THIRD PARTY SITES

HomeLegal Realty provides links to third party sites to the user only as a convenience. Such third party information is independent from that provided by us. HomeLegal Realty accepts no responsibility for the content or accuracy or the use of such other web sites and does not endorse, and shall not be deemed to have endorsed or accepted, their contents. Linked web sites or pages are not subject to our control. HomeLegal Realty shall not be held responsible or liable, directly or indirectly, in any way for the contents of such. web sites, the use of such web sites, or inability to use or access any linked web sites or any links contained in a linked Web Site.

 

SECURITY OF INFORMATION

It is expressly prohibited for any person, business or entity to gain or attempt to gain unauthorised access to any page on this Web Site, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this Web Site Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this Web Site or attempts to gain unauthorised access to any page on this Web Site shall be held criminally liable. In the event that HomeLegal Realty should suffer any damage or loss, civil damages will be claimed.

 

SEVERABILITY

These terms and conditions of use constitute the entire agreement between HomeLeagl Realty and the user of this Web Site. Any failure by HomeLeagl Realty to exercise or enforce any right or provision of these terms and conditions of use shall in no way constitute a waiver of such right or provision. In the event that any term or condition of the use of this Web Site is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such enforceability or invalidity and shall remain enforceable and applicable.

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