Smart Sell Offer Terms

0) Agreement & Priority

These Smart Sell Offer Terms ("Offer Terms") form a binding agreement between you ("Buyer", "Offeror", "you") and Propworths.com Head Office ("Propworths.com", "we", "us"). They apply when you submit, increase, or confirm any offer through the Smart Sell process on the Platform.

1) What Smart Sell Is — and Is Not

• Smart Sell is not an auction.
• The highest offer does not automatically win — the seller reviews every offer and chooses freely.
• A sale becomes legally binding only when both parties sign a deed of sale at their attorneys.
• Propworths holds no client funds at any stage.
• No percentage commission on the sale.

2) Nature of Offers

2.1 Your Warranties

• You have legal capacity and authority to make offers and enter contracts.
• Your identity and payment details are accurate and verifiable.
• You have performed your own due diligence and will not rely on Propworths.com as a financial/legal advisor.
• You understand that properties may be sold "voetstoots / as-is" where applicable, subject to seller conditions and local law.

3) How Smart Sell Works

3.1 The Offer Window

• Open / Close Times: Each listing shows when its offer window opens and its scheduled close time.
• Formats: A listing runs as Guide Price (an indicative figure is published), Open Offers (no guide figure), or a Live Offer Room (a countdown-timed window with visible activity), as shown on the listing page.
• Revising offers: You may submit or revise your offer at any time before close, subject to any format rules shown on the listing.
• Guide price: Where a guide price is shown it is indicative only. It is not a reserve, a valuation, or a commitment by the seller to accept any offer at or above it.

3.2 Technical Events

4) Buyer Registration Fee (USD 200, Flat, Non-Refundable)

4.1 What the fee gives you

• Verified buyer status for six (6) months, valid across all current and future Propworths.com listings during that period.
• Access to the full listing pack (conditions of sale, property documents, viewing schedule) for every open listing.
• The right to submit offers once your identity, funds source, and any required foreign-buyer documents have been verified.

4.2 Currency & Payment

The fee is billed at USD 200, automatically converted to your preferred currency (ZAR, EUR, GBP, AED, SGD, AUD or other supported currencies) at the Peach Payments checkout rate at the time of payment. The fee is charged via Peach Payments using any of the payment methods listed in Section 7.5 below (cards, Apple Pay, Google Pay, Scan to Pay, Pay By Bank, or Money Badger crypto).

4.3 When you pay

The fee is charged at the end of the buyer registration flow, after your personal details and FICA / KYC documents have been submitted but before your buyer account is activated. Offer rights only become active once Peach Payments has confirmed successful payment and Propworths.com has verified your FICA / KYC submission. Failure of either step means your fee is refundable under Section 4.4.

4.4 Refund exceptions (the only situations in which the fee is returned)

The buyer registration fee is refunded in full only in these specific cases:

• (a) Your buyer registration is rejected by Propworths.com on FICA / KYC compliance grounds after you have paid;
• (b) A documented technical failure of the Propworths.com platform prevented you from submitting offers on any open listing during the six-month period for which you were registered.

In all other cases — including you deciding not to make an offer, deciding after registration that you no longer want to buy, not having an offer chosen, or any personal, financial or circumstantial change on your side — the fee is retained by Propworths.com in full.

4.5 Flat fee — no percentage commission

5) Seller Review & Choosing an Offer

5.1 The highest offer does not automatically win

At close, the seller sees every offer and chooses freely on price and terms — or declines them all. The highest offer does not automatically win, and no offer becomes an accepted offer unless the seller confirms acceptance through the Platform.

5.2 What acceptance means

• The seller may accept, decline, or counter any offer, subject to local law and the seller's mandate.
• If the seller selects your offer, the Platform notifies you electronically (in-app + email/SMS where enabled).
• Selection is an intention to proceed to a deed of sale. It is not itself a binding contract of sale — the sale becomes legally binding only when both parties sign a deed of sale at their attorneys (Section 6).

6) The Sale Contract, Deposit & Completion

A sale becomes legally binding only when the chosen buyer and the seller sign a deed of sale at their attorneys. Until then, either party may walk away without penalty under these Offer Terms.

• Deed of sale: once your offer is selected, the seller's conveyancing attorney prepares the deed of sale / conditions of sale. Both parties sign at their attorneys. Where local law mandates a particular form of sale contract, that law applies.
• Deposit — to the seller's conveyancing attorney: any deposit set out in the deed of sale is paid into the trust account of the conveyancing attorney appointed by the seller. The deposit is not paid to Propworths.com — Propworths holds no client funds at any stage. Banking details are provided by the attorney at signing, and the deposit is applied to the purchase price at transfer.
• Balance of the purchase price: the balance is paid to the seller's conveyancing attorney's trust account on the timeline set out in the deed of sale (for example within 30 days for cash buyers, or subject to bond approval for bond buyers).
• Buyer's costs: unless stated otherwise, the buyer bears transfer / stamp duty, conveyancing and registration fees, and VAT on the purchase price where applicable in the country of sale. These are separate items and are not deducted from the purchase price paid to the seller.

7) Propworths.com Fees (Flat — No Percentage Commission)

7.1 No fee tied to the sale price

Unlike a traditional agency model (typically 10% + VAT of the sale price), Smart Sell never charges a percentage of the price. The buyer fee and seller fee are fixed and are the same regardless of the value of the property.

7.2 VAT Treatment of the flat fees

• South Africa: the flat fees are charged plus 15% Value Added Tax where applicable (Propworths.com is a VAT vendor with SARS).
• Other countries: the flat fees are charged with no VAT / GST / equivalent sales tax added by Propworths.com, subject to Propworths.com's tax registration status in your country. You remain responsible for any local tax obligations that arise in your own jurisdiction.

7.3 When fees are charged

The buyer registration fee is charged once at registration (Section 4). The seller listing fee is charged to the seller when a listing is published. Neither fee is a commission and neither is calculated from any offer or sale price.

7.4 Accepted Payment Methods (via Peach Payments)

All fee payments are processed through Peach Payments, our SARB-approved, POPIA-compliant secure payment partner. Payment is billed with automatic conversion to your preferred currency at the Peach Payments checkout rate. The following payment methods are currently accepted:

• Cards: Visa, Mastercard, American Express — 3D-Secure enabled.
• Mobile wallets: Apple Pay, Google Pay.
• South African bank rails: Scan to Pay, and Pay By Bank (ABSA, FNB, Standard Bank, Nedbank, Investec, TymeBank and other approved South African banks).
• Cryptocurrency: Money Badger (Bitcoin, USDT and other supported stablecoins).

The current up-to-date list of accepted payment methods is published at Payment Terms. Payment via Peach Payments constitutes payment to Propworths.com for the purposes of this clause. Propworths.com never receives or holds the purchase price or any deposit — those are handled by the seller's conveyancing attorney.

8) Offer Integrity — Anti-Manipulation

8.1 Integrity Monitoring & Digital Evidence

To protect the integrity of the offer process, you consent to reasonable monitoring and analysis aimed at detecting manipulation, including: device/browser identifiers, IP/geolocation signals, behavioural offer patterns, account link analysis, payment verification outcomes, and other technical indicators permitted by law and our Privacy Policy.

8.2 Manipulation Events (Examples)

• Repeatedly submitting high offers and then refusing to proceed after selection.
• Creating or controlling multiple accounts to influence outcomes.
• Coordinating with others to suppress competition or inflate prices.
• Attempting to move negotiations off-platform to avoid fees or to "reset" the process.

8.3 Remedies

If Propworths.com reasonably determines that you engaged in manipulation or attempted circumvention, you agree that Propworths.com may, subject to law and without limiting other rights:

• Immediately cancel offers, revoke a selection, or re-run/re-list to restore fairness.
• Suspend/ban your account and any related accounts, devices, payment methods, or entities.
• Recover losses caused by the manipulation, including re-listing costs, seller claims passed to Propworths.com, investigation costs, and platform disruption losses, where lawful.
• Report suspected fraud to payment providers, verification partners, and/or relevant authorities where appropriate.

8.4 Anti-Circumvention (Off-Platform Deal Blocking)

If you contact a seller/agent introduced through the Platform and attempt to conclude the transaction off-platform to avoid Propworths.com's fees, Propworths.com may treat this as circumvention and enforce its fees and remedies to the maximum extent permitted by law.

9) Caveat Emptor, Due Diligence & the Listing Pack

Properties are sold on a “voetstoots / as-is” basis where applicable. You are responsible for your own due diligence before making an offer and you rely on your own inspection and professional advice — not on Propworths.com or the marketing description.

Each listing has a Listing Pack (title documents, the conditions of sale, any body-corporate / HOA rules and levies, compliance certificates, and disclosed defects). The conditions of sale and special conditions in the Listing Pack are binding and form part of the deed of sale if your offer is selected. You confirm you have had the opportunity to review the Listing Pack and to obtain legal advice before making an offer.

10) Sanctions, AML/KYC & Eligibility

You may not make offers if you are subject to sanctions or prohibited by law from participating. We may block users and transactions where required by sanctions laws, AML rules, or platform risk policies.

11) Foreign & Cross-Border Buyers

Propworths.com hosts listings across many countries. If you make an offer from outside the country where the property is located, you are responsible for compliance with foreign-ownership restrictions, exchange-control and remittance rules, currency conversion, and any tax or reporting obligations in both jurisdictions. Purchase prices and deposits are payable in the currency stated on the listing page and to the seller's conveyancing attorney.

12) Governing Law & Disputes

Governing law, jurisdiction, and dispute process are described in Dispute Resolution & Arbitration, subject to mandatory consumer protections in your jurisdiction.

13) General Provisions

• Force majeure: neither party is liable for failure or delay caused by events beyond its reasonable control (including outages, natural events, war, or government action); affected timelines are extended accordingly.
• Electronic signatures & records: you agree that electronic acceptance, signatures and records are legally valid, binding and admissible (for example under the ECT Act, eIDAS or ESIGN, as applicable).
• Recording: offer sessions and related communications may be recorded and retained for integrity and evidentiary purposes, in line with our Privacy Policy.
• Entire agreement & severability: these Offer Terms, together with the conditions of sale and Listing Pack, are the entire agreement for Smart Sell activity; if any provision is held invalid, the remainder continues in force.
• No waiver & assignment: a failure to enforce any right is not a waiver of it; you may not assign your obligations without our written consent.

14) Contact & Notices

Official notices will be delivered via in-app notification and/or the registered email address on your account. You must keep contact details current.

Legal Notices: legal@propworths.com | Head Office: Propworths Global Property (Pty) Ltd (Reg No 2025/923396/07), P.O. Box 1023, Somerset West, Western Cape 7130, South Africa