Definition

Electronic Communication

• You are responsible for safeguarding your account information. We will assume that any Electronic Communications received under your account will have been sent and/or authorized by you. You agree to immediately notify us if you become aware of any loss or theft or unauthorized use of your profile..
• By using our Service, you consent to receiving automated electronic communications from us. These electronic communications may include notices about, status of transactional information and other information concerning or related to the Service. These electronic communications are part of your relationship with us, as well as with the buyer and other agent.

License Use

• You are granted a limited, non-exclusive, non-transferable, and revocable license to use the Service for your business operations. The Company supports only those users who are accessing and/or using the Service within South Africa, and have a valid FFC issued by the EAAB.
• You acknowledge and agree that the Company may suspend or terminate your account and/or deny you access to, use of, or submission of Content for, all or part of the Service, if you engage in any conduct that the Company believes, in its sole discretion:
  • Violates any term or provision of these Terms,
  • violates the rights of the Company or third parties,
  • or is otherwise inappropriate for continued access and use of the Service.
  • In addition, the Company reserves the right to terminate inactive membership accounts, should a registered agent not capture a buyer within an average 1-month period (or 3 times within a 3-month period, which then takes into account any given holiday period).

Process

• Certain portions of the Service may permit / require you to provide / capture the contact information of third party business leads on the website, and by providing us with such contact information you represent and warrant: (1) you have obtained all consents required from such third parties to permit them to be contacted by phone, text or email, as well as through our automated e-mail processes, and (2) you agree that to the extent we contact or assist in contacting such third parties by phone, text or email through the Service on your behalf, we are acting as your agent in connection with such contact, and you will be the initiator and/or sender of the communication process.
• The main focus of this website is to link buyers, through a Capture Agent, with a property held by a Stock Agent, based on the specifications given to the Capture Agent by the Buyer. The agent confirms that it has been explained to both a Buyer and Seller, that this service is not to be interpreted as engaging in the business of real estate brokering, and that any various real estate agents may make contact with them through the system, it is understood that we are an independent web-based provider of real estate referrals, providing buyer and seller leads to agents, of which we do not control or supervise, and therefore are not responsible for their actions.The agent confirms that the lead referral system has been explained to the buyer, and that they are aware of the communication protocol thereof.
• The Stock Agent is required to log-in, at least once a week, in order to update the system, as to where the buyer is in the process. This would be from time of accepting the buyer referral to either a Sale, or when you are no longer working with the buyer.
• This also allows for any other Stock Agent to make contact with the buyer, knowing that the buyer is still in the market for specified property.

Content

• The agent is entirely responsible for Content that is uploaded or otherwise viewed or transmitted via the Service. The Company does not control the Content uploaded or otherwise transmitted by the agent via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

Referral Fee and Commission

• In respect of any offers to purchase signed and accepted as a result of the services provided by this website and the capturing agent’s referral, you agree to the following referral fee and commission –
  • By utilizing this service, the agency of the “stock agent”, through the nominated Conveyancing Attorney, shall be liable to pay a referral commission equivalent to 20% of the total net commission that it receives from the sale of a property of the (listed) buyer.
  • 15% of this referral fee shall be payable to the “Capturing Agent” (Plus Value Added Tax if applicable) and 5% plus value added tax to the Company.
  • This referral commission is deemed to have been earned on the signature of the Offer to Purchase and is payable on registration of transfer.
  • The stock Agent shall ensure that the relevant clauses are inserted in the Offer to Purchase, whether by way of addendum or otherwise

OTP clause for accepted lead

• “It is recorded that the Selling agent was introduced to the buyer through the referral website, www.ihaveabuyer.co.za in conjunction with the capturing agent, who are thereby entitled to a collective referral commission of 20% plus value added tax calculated on the total commission due in respect of this sale.
• The Selling agent hereby authorizes and instructs the Conveyancer to deduct the referral commission from the commission payable to the Selling agent and pay such amounts direct to Office Etc Proprietary Limited (at 5% + VAT) and the capturing agent’s agency (at 15% + VAT) (full name: _______________________agency name: _____________________), who shall invoice accordingly. The Selling agent undertakes to submit a copy of this offer to OTP@ihaveabuyer.co.za and to the Capturing agent email: _____________________.
• Upon instructing the Conveyancing Attorney, the Stock Agent shall advise the Conveyancing Attorney of the provisions of this clause, and the conveyancing attorney shall provide an undertaking to the Company that they will pay, on registration of transfer, the referral commissions direct to the Company and the Capturing agent’s agency.
• The Capturing Agent’s Agency and the Company shall send the requisite invoices to the Conveyancing Attorney.
• The Capturing Agent’s Agency and the Company shall send the requisite invoices to the Conveyancing Attorney.
• The Stock Agent shall immediately notify the Company and the Capturing Agent of the sale, who shall update the system to indicate that the buyer is no longer on the market.

OTP when selling buyer’s property

• In the event that the buyer instructs the stock agent to sell his existing property, the referral commission shall be payable on the sale of the buyer’s property as well. All terms and conditions above will apply to such sale wherever applicable, save that the following clause is to be inserted in such offer to purchase, whether by way of addendum or otherwise.
• “It is recorded that the Selling agent was introduced to the seller through the referral website, www.ihaveabuyer.co.za in conjunction with the capturing agent, who are thereby entitled to a collective referral commission of 20% plus value added tax calculated on the total commission due in respect of this sale.
• The Selling agent hereby authorizes and instructs the Conveyancer to deduct the referral commission from the commission payable to the Selling agent and pay such amounts direct to Office Etc Proprietary Limited (at 5% +VAT) and the capturing agent’s agency (at 15% + VAT) (full name: ________________________agency name: _____________________), who shall invoice accordingly. The Selling agent undertakes to submit a copy of this offer to OTP@ihaveabuyer.co.za and to the Capturing agent email: _____________________.
• Upon instructing the Conveyancing Attorney, the Stock Agent shall advise the Conveyancing Attorney of the provisions of this clause, and the conveyancing attorney shall provide an undertaking to the Company that they will pay, on registration of transfer, the referral commissions direct to the Company and the Capturing agent’s agency.
• The Capturing Agent’s Agency and the Company shall send the requisite invoices to the Conveyancing Attorney.

General

• By registering as an agent, to view buyers in your designated area, or to be able to capture buyers, you hereby agree to abide by the requirements of the lead referral process.
• You may visit and browse the site without registering with us, but access to a buyer’s contact details, or to capture a buyer, will only be provided to registered agents.
• At any stage you are able to edit or remove your buyer from the platform, and should do so without delay once your buyer is no longer in the market.
• If you send or receive any referrals to or from the IHAB Referral Network, you agree to our Referral Fee Terms and Conditions.
• Office Etc Pty Ltd will request an invoice from Capture Agent’s agency for payment of referral commission due. No invoicing will be accepted by the agent in his own personal capacity.
• We connect buyers and sellers with real estate agents across the country. When a registered agent closes a transaction with a buyers or seller referred within the system, we are then entitled to invoice a referral fee from the real estate agency who accepted the OTP.