Preview mode — signing opens on 1 Nov 2026. to be notified when accounts open.
Version 2.0Effective
This Smart Sell Seller Agreement ("Agreement") is between Propworths.com Head Office ("Propworths.com", "Platform", "we", "us") and the seller, property owner, developer, or authorised agent/broker identified below ("Seller", "Agent", "you").
You appoint Propworths.com to host your Smart Sell listing and to provide the online offer-window functionality, subject to this Agreement, the Smart Sell Offer Terms, the Commission & Fees Policy, and all other applicable Platform policies.
Smart Sell is not an auction. The following apply to every listing and are repeated here for the avoidance of doubt:
Please complete all required fields accurately. This information forms part of the legally binding agreement and will appear on confirmation emails and invoices.
Smart Sell uses flat fees only. As the Seller you pay a one-time flat listing fee; every prospective buyer completes FICA / KYC and pays a one-time flat buyer registration fee before they can submit offers. Separately, when you select an offer and proceed to a deed of sale, any deposit and the balance of the purchase price are paid into the trust account of the conveyancing attorney appointed by you as the Seller — never into any Propworths.com bank or trust account. As the Seller, you acknowledge and agree to these requirements as a condition of listing on the Platform.
To publish a Smart Sell listing you pay a one-time flat USD 180 listing fee to Propworths.com. This is a fixed platform fee — it is not a commission and is not calculated from any offer or from the final sale price. It is billed at USD 180 and automatically converted to your preferred currency at the Peach Payments live FX rate at the moment of payment, via any supported Peach Payments method.
Before submitting an offer on any Propworths.com listing, every buyer pays a one-time flat USD 200 buyer registration fee to Propworths.com, covering FICA / KYC verification, buyer onboarding, and six (6) months of unlimited offers across every listing. The Platform blocks any buyer who has not paid and been verified. This protects you as the Seller from unverified offers and reduces the risk of buyer default.
Any deposit set out in the deed of sale is payable by the buyer into the trust account of the conveyancing attorney appointed by you as the Seller (who will also act as the transferring attorney on the sale). Banking details for the attorney's trust account are provided by the attorney directly to the buyer at signing.
The balance of the purchase price is payable by the buyer into the same 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 within the agreed window for bond buyers). If a bond is formally declined within the agreed window, refund of any deposit is handled by your appointed conveyancing attorney in accordance with the deed of sale.
As the Seller, you confirm that you understand Propworths.com charges flat fees only, holds no client funds, and that you receive the full accepted offer amount from your appointed conveyancing attorney on transfer, less only local transfer / conveyancing / tax costs payable in the country of sale.
Provide details of what you are listing. These become part of this binding agreement and govern how your listing is set up on the Platform.
Confirm the Smart Sell settings for your listing — format (Guide Price, Open Offers, or Live Offer Room), guide price (if any), and offer window. You are responsible for ensuring these are correct before your listing goes live. Refer to the Smart Sell Offer Terms for how each setting affects buyers.
Smart Sell never charges a percentage of the sale price. You pay a flat USD 180 listing fee; the buyer pays a flat USD 200 registration fee. As the Seller, you receive the full accepted offer amount from your appointed conveyancing attorney on transfer, less only local transfer / conveyancing / tax costs payable in the country of sale.
Unlike a traditional agency model (typically 10% + VAT of the sale price), Smart Sell's fees are fixed regardless of property value. There is no fee tied to the size of any offer or the final sale price, and no portion of any fee is deducted from your proceeds.
The seller listing fee is charged when your listing is published; the buyer registration fee is charged to the buyer at registration. All fee payments are processed through Peach Payments (SARB-approved, POPIA-compliant). Accepted methods are: Visa, Mastercard, American Express, Apple Pay, Google Pay, Scan to Pay, Pay By Bank, and Money Badger crypto (BTC / ETH / USDC / USDT, ZAR settlement), billed with auto-conversion to the payer's preferred currency at the Peach Payments live FX rate.
Transfer duty, conveyancing fees, deeds-office / land-registry fees, capital gains tax, stamp duty, VAT on the purchase price (where applicable in the country of sale), notary fees, and all other regulatory costs are the sole responsibility of the applicable party under local law and are entirely separate from the Propworths.com flat fees. These vary by country and property type.
You warrant that you are the lawful owner of the property or hold a valid written mandate/authority to list and sell it on behalf of the owner, and that you can provide documentary proof upon request.
You warrant compliance with all applicable laws, licensing requirements, property and real-estate regulations, advertising standards, and consumer disclosure obligations in the relevant jurisdiction(s).
You warrant that you have good and marketable title to the property and the full legal right to transfer it, free of any undisclosed mortgage, bond, lien, charge, servitude, lease, occupancy right, caveat, court order, tax debt, or other encumbrance. Any encumbrance, tenancy, or third-party right that will survive the sale must be disclosed in writing in the listing and the Listing Pack before the offer window opens. Unless the listing expressly states otherwise, the property is sold with vacant possession on completion.
You agree to provide the identity, ownership, and source-of-funds documentation reasonably required by Propworths.com or the appointed conveyancer to satisfy applicable anti-money-laundering (AML), counter-terrorist-financing, and know-your-customer (KYC) obligations. You warrant that you are not a sanctioned person and are not acting for any person or entity subject to United Nations, EU, UK, US (OFAC), or other applicable sanctions, and that the proceeds of sale will not be applied for any unlawful purpose. Propworths.com may delay, suspend, or cancel a listing or sale where AML, KYC, or sanctions checks cannot be satisfactorily completed.
Propworths.com may edit, reject, suspend, or remove any listing that violates policy, creates legal risk, or harms Platform integrity, at our sole discretion and without liability to the Seller.
Where required by local law or requested by Propworths.com, you must compile and make available to buyers, before the offer window opens, a Listing Pack of the documents relevant to the property — which may include title deeds, plans, zoning and land-use certificates, body-corporate / HOA rules and levy statements, rates and tax-clearance figures, compliance and condition certificates, leases, searches, and any special conditions of sale. You warrant that the documents in the pack are true, current, and complete, and you accept responsibility for any loss arising from a material omission or misstatement in the pack.
You are responsible for confirming all Smart Sell settings on your listing page before it goes live — including format, guide price (if any) and its display status, buyer qualification requirements, special conditions, and the offer window open and close times.
You may not use the offer process to generate artificial demand or to encourage manipulation or any artificial inflation of offer prices. This includes submitting offers yourself or arranging for third parties to do so. Any such activity may lead to immediate removal of your listing, account suspension, and legal action. See also Offer Integrity Policy and Smart Sell Offer Terms — Section 8.
Any guide price you display must be a genuine, reasonable indication of expected value and must not be set artificially low to attract offers with no real intention of selling at that level. A guide price is not a reserve and does not oblige you to accept any offer. You review every offer at close and choose freely on price and terms.
You may withdraw a listing or decline all offers at any time before you sign a deed of sale — the highest offer does not automatically win and no offer binds you. If you withdraw after publication, Propworths.com may recover reasonable marketing and administration costs actually incurred, as set out in the Commission & Fees Policy. The flat listing fee already paid is not a commission and is not refundable on withdrawal.
At close, the highest offer is not automatically selected. You see every offer and choose freely on price and terms — or decline them all — subject to applicable law and your mandate. Selecting an offer is an intention to proceed to a deed of sale; it is not itself a binding contract of sale.
Once you select an offer, your conveyancing attorney prepares the deed of sale for signature by both parties at their attorneys. The sale becomes legally binding only on signature of the deed of sale. Until then either party may walk away without penalty under this Agreement.
Risk in and responsibility for the property remain with you until legal transfer or completion is registered, unless the law of the property's location provides otherwise. You must keep the property adequately insured and maintained in its advertised condition until completion, and must promptly notify Propworths.com and the buyer of any material damage, loss, or change in condition occurring after the offer window closes. You must not strip, remove, or alter any fixtures or fittings included in the sale between the close of the offer window and completion.
Enquiries and leads generated through the Platform may be routed to you. You agree to respond professionally and to comply with applicable data protection laws (including GDPR, POPIA, and relevant privacy legislation) when handling buyer information.
You grant Propworths.com a worldwide, royalty-free licence to host, display, reproduce, distribute, and promote your listing content on the Platform and in marketing channels for the purpose of providing the service, during the listing term and for a reasonable period thereafter for audit, record-keeping, and dispute resolution purposes.
Propworths.com operates as a marketplace platform only and is not a party to the deed of sale between Seller and buyer. To the maximum extent permitted by law, Propworths.com accepts no liability for listing accuracy, seller or buyer conduct, financial representations, or transaction outcomes. Maximum platform liability is limited to fees paid by the Seller in the previous 12 months.
To the maximum extent permitted by law, you agree to indemnify and hold Propworths.com harmless from all claims, losses, penalties, and costs arising from: (a) inaccurate or misleading listing content; (b) lack of valid ownership or mandate; (c) IP infringement in your uploaded content; (d) your failure to complete a sale for which you have signed a deed of sale; or (e) any breach of applicable law or this Agreement.
Propworths.com may suspend or terminate your listings and/or account where we reasonably believe there is fraud, offer manipulation, legal risk, or breach of policy or these terms. You may remove listings subject to any outstanding fees and active transaction obligations.
This Agreement is governed by the law applicable in your country of registration, subject always to mandatory consumer and property legislation in the jurisdiction where the property is located. All disputes must first be referred to Propworths.com Head Office at legal@propworths.com for a 30-day resolution attempt before any external legal proceedings are commenced. See also Dispute Resolution & Arbitration.
Propworths.com may amend these terms with 30 days written notice. Listings already live at the time of an amendment are governed by the version of this Agreement signed at listing time. Updated terms are published on the Platform.
Neither party is liable for any failure or delay in performance caused by an event beyond its reasonable control, including acts of God, natural disaster, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, strike, or the failure of utilities, internet, or third-party infrastructure, or governmental action. Offer windows affected by such an event may be rescheduled at Propworths.com's reasonable discretion.
If any provision of this Agreement is held invalid, illegal, or unenforceable, that provision is severed to the minimum extent necessary and the remaining provisions continue in full force and effect.
This Agreement, together with the documents it references (including the Commission & Fees Policy and the Smart Sell Offer Terms), constitutes the entire agreement between you and Propworths.com regarding Smart Sell listings and supersedes all prior discussions, representations, or arrangements on the subject.
No failure or delay by Propworths.com in exercising any right under this Agreement operates as a waiver of that right, and no single or partial exercise prevents any further exercise of it.
You may not assign or transfer your rights or obligations under this Agreement without Propworths.com's prior written consent. Propworths.com may assign this Agreement, or subcontract any of its obligations, to a member of its group or a competent third party, provided the level of service is maintained.
The parties agree that this Agreement may be executed electronically and that an electronic or digital signature — including a typed name or a signature drawn and captured on the Platform — has the same legal effect as a handwritten signature. This Agreement may be accepted in counterparts, each of which is deemed an original.
You consent to Propworths.com recording, logging, and retaining offer activity, timestamps, IP addresses, and Platform communications relating to your listing for security, audit, dispute-resolution, and legal-compliance purposes, and to the use of such records as evidence in any dispute.
By signing below, you confirm that you have read, understood, and agree to all terms of this Smart Sell Seller Agreement, including the Commission & Fees Policy and the Smart Sell Offer Terms. Your digital signature carries the same legal force as a handwritten signature.
Contracting Entity: Propworths Global Property (Pty) Ltd
Registration No.: 2025/923396/07
Address: P.O. Box 1023, Somerset West, Western Cape 7130, South Africa
Legal Notices: legal@propworths.com
Related documents: Smart Sell Offer Terms · Commission & Fees · Offer Integrity Policy · Dispute Resolution · Privacy Policy
Your Smart Sell Seller Agreement has been submitted. A signed copy has been emailed to your email.
