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 commission to HomeLegal Realty at the rate of 1,95% of the selling price, subject to a minimum of R22,500.00, in both instances plus VAT, which is payable upon 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 circumstances can HomeLegal Realty's photographs be used by another agency or individual for marketing purposes. All content, trademarks and data on this website, including but not limited to photographs, text, designs, graphics, and icons are the property of HomeLegal Realty. 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 by HomeLegal Realty and buys the property irrespective of when such a sale takes place.

6.  Commission Payable

The seller shall pay HomeLegal Realty commission of 1.95% subject to a minimum of R22 500, in both instances plus VAT, for the conclusion of a successful sale of the seller’s property. Such 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 the 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 canceled 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 canceled by mutual agreement, the seller and the buyer shall be jointly and severally liable to pay the commission to HomeLegal Realty.y.

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 website,
  • any information or content provided from and through this website,
  • 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.

8. Information not Updated or to be Relied on

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for updating the website or its content or notifying users of information that is inaccurate, incomplete, or out-of-date.

9. No Liability

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

10. Changes & Amendments

HomeLegal Realty expressly reserves the right to alter and/or amend any information set out in this website 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.

11. Agreements to Sec 21 of the Electronic Communications & Transaction Act

No information or data on this website 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 website or its owners.

12. Electronic Communications

By using this website 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.

13. 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 websites and does not endorse, and shall not be deemed to have endorsed or accepted, their contents. Linked websites 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 websites, the use of such websites, or inability to use or access any linked websites or any links contained in a linked website.

14. 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 website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this website. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this website or attempts to gain unauthorised access to any page on this website shall be held criminally liable. In the event that HomeLegal Realty should suffer any damage or loss, civil damages will be claimed from the relevant party/parties.

15. Severability

These terms and conditions of use constitute the entire agreement between HomeLeagl Realty and the user of this website. 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 website 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

HomeLegal Realty

Buying or selling a home is a big step and at times stressful.

Trust our real estate attorneys to streamline and effectively handle the purchase or sale of your property from start to finish at a low fixed commission.

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Contact Us

LB Vorster Attorneys, Hermanus, trading as: HomeLegal Realty*

Suite 24 & 25, 1st Floor, Astoria Village, Main Road, Hermanus

+27 (0)28 313 0136

lb@lbvorster.co.za
yvonne@lbvorster.co.za
gawie@lbvorster.co.za

https://www.homelegal.co.za/

 

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