SALES MANDATE GENERATOR
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TERMS AND CONDITIONS OF THE MANDATE
IMPORTANT!!Please read through the following section, from clause 1 to 14, CAREFULLY and click agree upon completion.
1. DURATION OF MANDATE
1.1 This mandate shall be effective upon my signature hereof and shall terminate on the expiry of a fourteen (14) month
period from the signature date hereon.
1.2 I may terminate this mandate on thirty (30) days written notice to the Agent provided such notice is given in accordance with provisions of clause 14 hereof.
The net sale price (after commission as per paragraph 3) will be the net price specified in the "LISTING DETAILS" section above, with the right of use in respect of the week relative to the Share Block, commencing from the calendar year specified in the "LISTING DETAILS" section above.
As remuneration for its services, the Agent shall be paid a maximum commission of thirty percent plus vat of the gross price achieved. The final gross selling price will be negotiated between the purchaser and the agent. The final gross price negotiated may not result in the seller achieving the less than the amount referred to in clause 2 above, unless agreed in writing by the owner.
4. OCCUPATION YEAR
I acknowledge that the Agent may sell the Share Block, with the use of the premises attaching thereto, commencing in the year stated in paragraph 2, unless I give written notice to the Agent of the change of Commencing Year as in paragraph 12. I agree that the week pertaining to the Share Block may not be placed/deposited in the Rental Pool, or any exchange Programme (e.g Sunswop) before 90 days prior to the start date of the week and not without notifying the Agent prior to such deposit.
5. RIGHT TO PURCHASE
The Agent reserves the right to purchase any Share Block unit that is listed with it.
6. OBLIGATIONS UNDERTAKING BY THE AGENT
In terms of the Estate Agency Code, clause 3.10.2, the Agent will assume marketing obligations commensurate with the discharge of the mandate. Examples of which are the following; in-house advertising in the form of pamphlets, online advertisements and website exposure; as well as ongoing contact with the seller during the mandate period and reporting back to the seller on progress made in the marketing of his timeshare on at least a quarterly basis.
7. REMAINING TERMS
Subject to the provisions of this Sole Mandate, I authorise the Agent to agree to the final purchase price and all the remaining terms and conditions of sale, provided that such terms and conditions shall accord substantially with those contained in the Agent’s standard form of Sale Agreement for sales of Share Block as may be determined by the Agent from time to time.
8. SIGNATURE OF DOCUMENTS
I hereby authorise and empower the Agent, acting through its duly authorised Officers, to sign and execute on my behalf any sale agreement in respect of any sale to be concluded pursuant to this Sole Mandate and any document necessary to implement the terms of such sale agreement, including, but without limiting the generality of the aforegoing authority, the necessary Share Transfer Form, the Cession of the Allocated Loan and the Cession of the relevant Use Agreement.
9. FINANCIAL ASPECTS AND SHARE TRANSFER FORMALITIES
I hereby authorise the Agent to process the payment of the purchase price, made by the purchaser, to receive payment, to attend to the financial requirements of the sale agreement concluded pursuant to the Sole Mandate, and to attend to all the necessary Share Transfer formalities, Consents of Director and the Cessions of the Use Agreement and Allocated Loan, provided always that no obligation shall rest with the Agent to enforce any of the provisions of the sale agreement, or to sue for or to take steps for the recovery of any part of the purchase price or other amount that may be payable by the purchaser arising out of the terms of the Sale Agreement.
10. OUTSTANDING LEVY
I warrant that the levy for the Share Block has been paid in full. If the levy or any part thereof is due but unpaid, I hereby authorise the Agent to settle the outstanding levy on my behalf.
11. GENERAL AUTHORITY
Generally for effecting the aforesaid purpose, I authorise and empower the Agent to do or cause to be done, whatsoever shall be requisite, as fully and effectually for all intents and purposes as I might or could do. If personally present and acting herein, hereby ratifying, allowing and confirming and promising and agreeing to ratify, allow and confirm all and whatever the Agent shall lawfully do or cause to be done by virtue of this Sole Mandate.
12. EXCLUSION OF LIABILITY
I agree that the obligations of the Agent will have been full discharged upon the signature of the sale agreement and the payment of the nett sale price to the Seller and that the Agent is not responsible in any way whatsoever for any defect in or errors in the description of the Share Block or the financial position of the Share Block company. I agree that the Agent will not be responsible in any way whatsoever for the performance of the terms of any Sale Agreement entered into by the Agent on my behalf and that the services to be rendered by the Agent are those specifically stated in this Sole Mandate and no other. No liability of any kind whatsoever shall arise or attach to the Agent arising out of the exercise or purported exercise of or any omission to exercise any of the authorities, powers or discretions conferred upon the Agent in terms hereof, save where such authorities, powers or discretions are exercised or omitted intentionally, in bad faith or recklessly.
13. BREACH OF CONTRACT
I undertake that I will not, during the period of the mandate, appoint or allow any other agent to sell or endeavour to sell the Share Block, nor will I or any party on my behalf sell or endeavour to sell the Share Block. The seller may not appoint any other estate agent during the currency of the Sole Mandate. Should the seller do so, the Agent may cancel the Sole Mandate and claim damages from the seller in an amount equal to the commission stipulated in the mandate.
Any termination or amendment to this Sole Mandate and Power of Attorney shall be in writing and delivered by prepaid registered mail to the Agent at PO BOX 486, UMHLANGA ROCKS, 4320 or by facsimile transmission to 086 631 6472. Termination or amendment shall be confirmed by the Agent to the registered owner of the Share Block before such termination becomes effective. Any notice which may or must be given under this document, shall be addressed to me at the address referred to above, which address I elect as my domicilium citandi et executandi for all purposes arising from this Sole Mandate and Power of Attorney.
Should Southern Sun Timesharing be successful in letting my unit, the following bank remittance information is to be used:
RESIDENTIAL ADDRESS DETAILS