PROPERTY SELECT PROPERTY LISTING SUBMISSION TERMS & CONDITIONS

Welcome to Property Select. By submitting a property listing for publication on our website, you (the “Advertiser” or “Client”) agree to be bound by these Submission Terms and Conditions. Please read them carefully before uploading any content.

1. Compliance with the Property Practitioners Act (Act 22 of 2019)

If you are listing a property in your capacity as a professional Property Practitioner (estate agent, letting agent, property developer, or broker) as defined under South African law, you expressly warrant and agree that:

  • Fidelity Fund Certificate (FFC): You hold a valid, current Fidelity Fund Certificate issued by the Property Practitioners Regulatory Authority (PPRA). You must provide your FFC number upon registration or request.

  • Mandatory Disclosure Form: In accordance with Section 67 of the Act, you warrant that you are in possession of a fully completed and signed Immovable Property Condition Disclosure Form from the property owner/seller. You agree not to accept or upload any mandate without this document.

  • Mandatory Disclosures on Marketing Material: You acknowledge that you are legally required to prominently display the statutory wording confirming that you hold a valid FFC on all your digital marketing and listing materials generated through our platform.

  • By registering as a Private Seller or Landlord, you warrant and represent that you are the registered owner of the immovable property being listed, or that you have been duly authorised by the registered owner(s) to market the property for sale or lease. You confirm that you possess the full legal capacity and authority to enter into this agreement and that the listing of the property does not infringe upon any third-party rights or contravene any existing mandates, including any exclusive mandates granted to a Property Practitioner.

2. Accuracy of Information & Consumer Protection (CPA 68 of 2008)

In line with the Consumer Protection Act, all listings must be honest, accurate, and fair.

  • No Misleading Content: You warrant that all descriptions, pricing, square footage, amenities, and photographs are true, accurate, and up-to-date. Misleading representation of properties is strictly prohibited.

  • Right to List: You warrant that you have obtained a lawful mandate or explicit permission from the registered property owner(s) to market and advertise the property on By registering as a Private Seller or Landlord, you warrant and represent that you are the registered owner of the immovable property being listed, or that you have been duly authorised by the registered owner(s) to market the property for sale or lease. You confirm that you possess the full legal capacity and authority to enter into this agreement and that the listing of the property does not infringe upon any third-party rights or contravene any existing mandates, including any exclusive mandates granted to a Property Practitioner..

  • Pricing: All prices displayed must be transparent. If the price excludes VAT, transfer duties, or specific levies, this must be explicitly stated in the listing description.

3. Data Protection and Privacy (POPIA Act 4 of 2013)

By submitting a listing, you become a joint Responsible Party alongside Property Select regarding any personal information processed via the platform.

  • Consent: You warrant that you have obtained the necessary legal consent from the property owner to publish their property details, location data, and (where applicable) images that may identify their personal living space.

  • Lead Processing: Any personal information or leads (names, email addresses, phone numbers) you receive from users or prospective buyers/tenants through Property Select must be processed strictly in accordance with POPIA. You may not use this information for unsolicited direct marketing without an explicit opt-in from the user.

  • Prohibited Data: Do not include sensitive personal info (such as the seller’s personal ID number or direct personal contact details) in the public-facing description text or listing images.

4. Intellectial Property & Content Guidelines

  • License to Property Select: By uploading text, logos, blueprints, and photographs, you grant Property Select a non-exclusive, royalty-free, perpetual license to display, host, and optimize the content on our website and affiliated marketing channels.

  • Copyright Warranties: You warrant that you own the copyright or hold a valid license for all media uploaded. You may not use watermarked images from other platforms or agencies without explicit written permission.

5. Indemnity & Limitation of Liability

  • Listing Platform Only: Property Select acts solely as an online advertising platform and directory. We are not property practitioners, we do not act as agents and we do not participate in negotiations or property transactions.

  • Indemnity: You hereby indemnify and hold Property Select harmless against any and all claims, demands, losses, liabilities, costs, and expenses (including legal fees on an attorney-and-client scale) arising directly or indirectly from your listing of a property. This includes, without limitation, any claims brought by third parties regarding disputed ownership, unauthorized marketing, breach of an exclusive mandate with a Property Practitioner, or any misrepresentation made by you regarding the property. You agree to defend Property Select against such claims and acknowledge that you are solely responsible for the accuracy and legality of the information provided

  • Right of Removal: Property Select reserves the right to suspend, edit, or permanently remove any listing that violates these terms, receives public complaints, or fails to comply with statutory legal requirements, without any liability for refunds or compensation.

6. Governing Law

These Terms and Conditions are governed exclusively by and construed in accordance with the laws of the Republic of South Africa.

 

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