This Online Auction 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 auction listing and to provide online auction functionality, subject to this Agreement, the Online Auction Bidding Terms & Conditions, the Commission & Fees Policy, and all other applicable Platform policies.
Please complete all required fields accurately. This information forms part of the legally binding agreement and will appear on confirmation emails and invoices.
To ensure that only serious, financially capable bidders can participate in your auction, Propworths.com requires every prospective bidder to complete a mandatory security deposit process before any bid can be placed on your listing. As the Seller, you acknowledge and agree to this requirement as a condition of listing on the Platform.
No bid can be placed without completing the security deposit process. The Platform will block any bidder who has not paid the required deposit and had it verified. This protects you as the Seller from non-serious bids and reduces the risk of buyer default.
Before placing a bid on any Propworths.com auction listing, every bidder is required to deposit USD 1,000 (or the equivalent in an agreed currency) ("Security Deposit") into the Propworths Global Property Trust account. Banking details are provided to the bidder on registration.
Once the Security Deposit has been paid, the bidder must:
Propworths.com will verify receipt of the Security Deposit in the Propworths Global Property Trust account before activating the bidder's ability to place a bid. Verification typically occurs within 24 hours of the funds reflecting and the proof of payment being uploaded during business hours. Bidders are advised to complete this process well before the auction opens or closes. Propworths.com reserves the right to reject proof of payment that is incomplete, unverifiable, or where the funds have not cleared.
If a bidder wins the auction and the sale proceeds to completion:
If a bidder does not win the auction, or if the auction does not result in an Accepted Bid:
If a bidder wins the auction, their bid is accepted, and they subsequently default (fail to complete the purchase), the following applies to the Security Deposit:
As the Seller, you confirm that you:
Provide details of what you are auctioning. These become part of this binding agreement and govern how your listing is set up on the Platform.
Confirm the auction settings for your listing. You are responsible for ensuring these are correct before your listing goes live. Refer to the Auction Bidding Terms for how each setting affects bidders.
The following commission structure applies to all auction sales concluded through the Propworths.com Platform. Commission is charged on the final accepted sale price and is deducted at the time of transfer or closing. No commission is due until a sale is successfully concluded.
The total commission payable on a successfully completed auction sale is 10% of the final sale price, structured as follows depending on how the listing was created:
| Listing Type | Propworths.com | Agent / Auctioneer | Total Commission |
|---|---|---|---|
| Agent / Auctioneer Listed | 5% | 5% | 10% |
| Private / Owner Listed | 5% | — | 5% |
This is entirely separate from the success commission above. If a bidder's bid is accepted online and that bidder subsequently fails or refuses to complete the transaction, Propworths.com will charge the defaulting bidder (not the Seller) a Platform Commission equal to 5% of the Accepted Bid amount, payable within 48 hours of the default notice — as set out in the Online Auction Bidding Terms, Section 5.
Where a buyer defaults, Propworths.com may retain its 5% default commission from the forfeited deposit before remitting the balance to you. Your right to pursue additional legal remedies against the defaulting buyer remains unaffected. No success commission is owed by the Seller on a defaulted sale.
Transfer costs, conveyancing fees, local taxes, stamp duty, transfer duty, capital gains tax, VAT, notary fees, and all other regulatory costs are the sole responsibility of the Seller and are entirely separate from Propworths.com's fees and commission. These vary by country and asset type.
You warrant that you are the lawful owner of the asset or hold a valid written mandate/authority to list and auction 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 asset 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 Legal/Auction Pack before the auction opens. Unless the listing expressly states otherwise, the asset 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 bidders, before the auction opens, a legal/auction pack of the documents relevant to the asset — 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 auction settings on your listing page before it goes live — including reserve price, reserve display status, minimum bid increments, buyer qualification requirements, special conditions, closing time, and soft-close extension rules.
You may not use the auction function to generate artificial demand or to encourage shill bidding, bid manipulation, or any artificial inflation of bid prices. This includes placing bids 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 Bid Integrity Policy and Auction Bidding Terms — Section 6.
Any reserve price must be set in good faith and represents the minimum price at which you are willing to sell. Any guide or estimate displayed must be a genuine, reasonable indication of the expected value and must not be set artificially low to attract bidders with no real intention of selling at that level. You may not change a reserve once the auction is live except with Propworths.com's written approval. If the reserve is met, you are obliged to sell to the highest qualifying bidder, subject to clause 9.1.
If you withdraw a lot after the listing is published, or fail to proceed once the reserve has been met or a bid accepted, you may be liable for the marketing and administration costs incurred by Propworths.com and, where applicable, a withdrawal fee as set out in the Commission & Fees Policy. A no-reserve lot cannot be withdrawn once live. Propworths.com reserves the right to recover its reasonable costs and any commission that would have been due had the sale completed.
The highest bid at the scheduled close is not automatically an Accepted Bid unless the Seller confirms acceptance through the Platform. The Seller may accept, reject, or counter a bid, subject to applicable law and their mandate.
If you elect to run a no-reserve auction, you are unconditionally obligated to sell to the highest bidder regardless of the final price achieved. A no-reserve auction cannot be withdrawn once live.
Risk in and responsibility for the asset remain with you until legal transfer or completion is registered, unless the law of the asset's location provides otherwise. You must keep the asset 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 auction closes. The asset is sold on the basis of the condition disclosed; you must not strip, remove, or alter any fixtures or fittings included in the sale between the close of the auction 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 and bidder 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 sale agreement 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 confirmed 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, bid 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 asset is located. All disputes must first be referred to Propworths.com Head Office at charl@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. Auction timings 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 Online Auction Bidding Terms), constitutes the entire agreement between you and Propworths.com regarding auction 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 bid activity, timestamps, IP addresses, and Platform communications relating to your auction 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 Online Auction Seller Agreement, including the Commission & Fees Policy and the Online Auction Bidding Terms & Conditions. 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: charl@propworths.com
Related documents: Auction Bidding Terms · Commission & Fees · Bid Integrity Policy · Dispute Resolution · Privacy Policy
Your Online Auction Seller Agreement has been submitted. A signed copy has been emailed to your email.