Hamptons Realty Group Rental Mandate Terms & Conditions

Applicable to Exclusive Mandates with Hamptons Realty Group

​

1. Exclusive Mandate

​

1.1 The Landlord hereby grants Hamptons Realty Group an exclusive rental mandate to market, advertise, and secure a suitable tenant for the property.
1.2 During the mandate period, no other agent or third party may market or rent the property.
1.3 The exclusive mandate is valid for a minimum of 90 days, unless otherwise agreed to in writing.

​

2. Marketing & Placement

​

2.1 Hamptons Realty Group will market the property on various digital platforms, conduct viewings, vet potential tenants, and facilitate lease negotiations.
2.2 Once a tenant has been successfully secured and accepted by the landlord, a lease agreement will be drafted and facilitated by Hamptons Realty Group.

​

3. Agent Commission & Fees

​

3.1 Upon successful placement of a tenant, the Landlord agrees to pay a rental commission of:

• 8% of Lease Value + VAT for a 12-month lease (for once-off placement)

• 4.5% of Lease Value + VAT once-off and 8% + VAT of the monthly rental  (if opting for a managed lease service)

3.2 The Landlord must indicate whether they require a managed lease service or a once-off placement.
3.3 If no selection is made by the Landlord, it will be assumed by default that the agreement is for once-off placement only.

3.4 Commission is payable upon signature of the lease agreement or once the deposit and first month’s rent are received — whichever comes first.

​

4. Cancellation & Breach

​

4.1 If the landlord cancels the exclusive mandate after a qualified tenant has been sourced, approved, or placed, Hamptons Realty Group shall be entitled to the full agreed commission as if the lease had been concluded.
4.2 This applies whether or not the landlord proceeds to place the tenant independently, withdraws the property from the market, or rents the property to a different party.
4.3 Cancellation of this mandate must be in writing with at least 14 days’ notice, unless waived by the agent in writing and will only be considered cancelled if there are valid reasons and may be subject to a reasonable penalty.

​

5. General Provisions

​

5.1 The Landlord agrees to:

• Provide access to the property for viewings and inspections

• Disclose all relevant information regarding the property, including defects or restrictions

• Inform Hamptons Realty Group immediately of any changes regarding the status of the property

5.2 Hamptons Realty Group will ensure all FICA, credit, and affordability checks are performed on prospective tenants.
5.3 This mandate complies with the Property Practitioners Act and all other applicable South African laws.

​

6. Indemnity

The Landlord indemnifies Hamptons Realty Group and its agents against any loss, damage, or liability arising from incorrect or incomplete information provided by the Landlord or third parties.

​

7. Acceptance

By signing this mandate digitally, the Landlord acknowledges and agrees to the terms herein and confirms that the property is not currently under mandate with any other agency.

The Landlord also agrees that failure to indicate whether a managed or once-off service is required will result in automatic designation as a once-off placement subject to the discretion of Hamptons Principal. 

​

Hamptons Realty Group – Sales Mandate Terms & Conditions

​

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.

​

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

​

1. Definitions

​

• Sole 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.

• 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.

​

2. Mandate Period

​

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.

​

3. Commission and Payment

​

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 singed. 

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

​

4. Marketing Authorization

​

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.

​

5. Seller’s Undertakings

​

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;

• 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.

​

6. Breach

​

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.

​

7. General Terms

​

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.

​

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 R1,140 (One Thousand One Hundred and Forty 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:

• Valid South African identity document or passport;

• Proof of current residential address (not older than three months);

• Three (3) most recent months’ personal bank statements;

• 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:

• Sign a lease agreement within a timeframe stipulated by the Agency;

• Pay the damages deposit, first month’s rental, and any other agreed fees in full before occupation.

• 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:

• A cancellation fee of R2,500 (Two Thousand Five Hundred Rand) will be charged, and;

• 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:

• 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);

• Waives any right to claim against the Agency or its agents for any loss or damage arising from the lawful execution of these Terms.