AGENCY AND MANDATE AGREEMENT FOR THE SALE OR LEASE OF IMMOVABLE PROPERTY 1. PARTIES The parties to this agreement are: 1.1 Brent Crafford Attorneys Inc, hereinafter referred to as the Agent, and 1.2 The natural or juristic person as detailed in the client information document, hereinafter referred to as the Principal. 2. PROPERTY AND PRICE 2.1 The immovable property ( the property ) and all information and detail relating thereto which is the subject of this mandate is as described by the principal. 2.2 The minimum price which the Principal will accept, as a selling price pursuant to a sale or a monthly rental pursuant to a lease, as the case may be, is as detailed in the property information form completed by the principal. 3. APPOINTMENT The principal hereby appoints the Agent, on an exclusive/non-exclusive basis and grants to the Agent an exclusive/non-exclusive mandate to perform the following, in relation to the property: 3.1 To market the property for sale or to let, on the Agents website and/or via it s subagents, or any other means as devised by the Agent in its reasonable discretion, for an indefinite period of time or until the property is sold or let, as the case may be. 3.2 To present to the Principal, from time to time, written offers to purchase or lease the property, for consideration by the Principal. 4. UNDERTAKINGS BY THE PRINCIPAL The Principal hereby makes the following irrevocable undertakings in favour of the Agent: 4.1 To make available the property, upon reasonable notice, for inspection by interested qualified purchasers, at reasonable times. 4.2 To accept any bona fide written offer to purchase or lease the property, as the case may be, for the minimum price specified in the schedule hereto, upon terms and conditions reasonably acceptable to the Principal. In the event of the principals unreasonable refusal to accept the offer to lease, the principal will be liable for the agents reasonable marketing expenses. Page 1 of 5
4.3 In the event of a sale of the property, to appoint the agent to: 4.3.1 attend to the transfer of the property on behalf of the principal, in the event of acceptance of any written offer to purchase. 4.3.2 facilitate the cancellation any mortgage bonds registered over the property, insofar as the principal is authorised to do so. 4.4 In the event of a lease of the property, to appoint the agent to: 4.4.1 Conclude a lease agreement with the proposed lessee, upon terms specified by the principal, failing which, usual terms determined by the agent. 4.4.2 Sign the lease on behalf of the principal. 4.4.3 Retain the deposit in an interest bearing account, at interest rates specified by the agent on its website from time to time. 4.4.4 At it s sole discretion, institute legal proceedings for the enforcement or cancellation of the lease. 4.5 In the event of a sale of the property, to pay to the agent, following acceptance of an offer presented by the agent, or in the event that the agent is the causative effect of the sale at the minimum specified or agreed price, a commission equivalent to 7.5% plus VAT, of the purchase price of the property, payable upon registration of transfer into the name of the purchaser of the property. 4.6 In the event of a lease of the property, to pay to the agent, following conclusion of a lease, or in the event that the agent is the causative effect of the lease, a fee comprising of a retainer and commission, in proportions determined at the sole and exclusive discretion of the agent, equivalent to 10% (ten percent) plus VAT, of the monthly rental of the property, for the duration of the lease and any renewal thereof, payable and deductible upon receipt of the monthly rental for the property. Payment of the agents fee is subject to payment of rental by the tenant. 4.7 In the event of acceptance of any offer to purchase, the principal shall furnish the Agent with any and all documents reasonably required by the agent to attend to the transfer of the property and shall when reasonably called upon to do so, sign all documents to give effect to the transfer of the property. 4.8 In the event of acceptance of any offer to lease, the principal shall furnish the Agent with any and all documents reasonably required by the agent to attend to the management of the lease, providing monthly utility consumption details by the 21 st day of each month and shall when reasonably called upon to do so, sign all documents to give effect to the transfer of the property. 4.9 That the principal is duly authorised to dispose of or lease the property, as the case may be, and insofar as the principal is married in community of property, the Principal s spouse has given the necessary consent to dispose of or let the property. Page 2 of 5
4.10 The principal acknowledges and accepts that the agent does not warrant any obligations of the purchaser or the tenant, as the case may be, and expressly excludes liability in the event of a breach of any agreement by the purchaser or lessee as the case may be. 4.11 Should any tenant introduced by the agent make an offer to purchase the property during the currency of the lease, or within 6 months of termination thereof, the agent will be deemed to be the causative effect of the sale and entitled to commission as detailed in clause 4.5 hereinabove. 5. UNDERTAKINGS BY THE AGENT The Agent hereby makes the following undertakings in favour of the Principal: 5.1 To market the property for sale or to let, as the case may be, on the Agents website and/or via it s sub-agents, or any other means as devised by the Agent in its reasonable discretion, for an indefinite period of time or until the property is sold or let, or until this mandate is terminated by either party. 5.2 To present to the Principal, written offers to purchase or lease the property, as the case may be, as received from potential purchasers/lessees from time to time. 5.3 In the event of the sale of a property, to attend to any transfer of property in the normal course and/or in accordance with the terms of the Offer to Purchase. 5.4 In the event of a lease, to attend to the lease of the property in accordance with the terms of the lease and to act on behalf of the principal to ensure compliance. 5.5 In the event of any breach of the terms of either the offer to purchase or the lease agreement, to take such steps as deemed reasonably necessary by the agent to enforce the rights and interests of the principal. 6. DURATION AND TERMINATION 6.1 This agreement will come into effect from the date of signature hereof and will remain in full force and effect for an indefinite period of time until the property is sold or this agreement is terminated by either party on 7 (seven) days written notice to the other. 6.2 In the event that the principal, within a period of 6 (six) months from termination hereof, either sells or leases the property to any person introduced by the agent, then the agent will be deemed to have been the causative effect of the sale or lease, as the case may be, and entitled to the commissions and/or fees detailed herein. 7. NOTICES AND DOMICILIA 7.1 The Principal selects both the property and email address detailed in the Client information form as its chosen domicilium citandi et executandi. 7.2 The Agent selects its business address and email address as detailed on its website as its chosen domicilium citandi et executandi. Page 3 of 5
7.3 For the transmission of any notices, the parties shall make use of their respective email addresses and for the service of process, the parties shall make use of their respective physical addresses. 7.4 Either party may change its domicilium by written notice to the other party to that effect. Such change of address will be effective 5 (five) business days after receipt of the notice of the change. All notices to be given in terms of the Agreement will be given in writing, in English, will be delivered by email and deemed to have been received by the recipient the first business day immediately following transmission thereof. 8. BREACH 8.1 In the event that either party acts in breach of this agreement and fails to rectify such breach within 7 (seven) days of receipt of a formal notice to rectify such breach, the aggrieved party may, without prejudice to any rights it may have: 8.1.1 Cancel the agreement and/or claim damages, or 8.1.2 Claim specific performance of the terms hereof. 8.2 In the event that either party successfully prosecutes legal proceedings against the other, the unsuccessful party shall be liable for the attorney own client costs of the other. 9. GENERAL 9.1 This Agreement constitutes the whole of the agreement between the Parties relating to the matters dealt with herein and save to the extent otherwise provided herein, no undertaking, representation, term or condition relating to the subject matter of the Agreement not incorporated in the Agreement shall be binding on either of the Parties. 9.2 No addition to or variation, deletion, or agreed cancellation of all or any clauses or provisions of the Agreement will be of any force or effect unless in writing and signed by the Parties. 9.3 No waiver of any of the terms and conditions hereof will be binding or effectual for any purpose unless in writing and signed by the Party giving same. Any such waiver will be effective only in the specific instance and purpose given. Failure or delay on the part of either Party in exercising any rights hereunder will not constitute or be deemed to be a waiver thereof, nor will any single or partial exercise of any rights preclude any other or further exercise thereof. 9.4 All of the clauses hereof are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision or clause hereof which is found to be unenforceable for any reason whatever, shall only to the extent that it is unenforceable, be treated as pro non scripto and the remaining clauses hereof shall remain in full force and effect. Page 4 of 5
9.5 The Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same Agreement as at the signature date. DATED AT EDENVALE ON THE DATE OF APPOINTMENT OF THE AGENT IN TERMS HEREOF. For the Principal For the Agent Witness Witness Page 5 of 5