This Smart Sell Listing Agreement ("Agreement") is between Propworths Global Property (Pty) Ltd, trading as Propworths.com ("Propworths", "Platform", "we", "us") and the seller, property owner, developer, or authorised agent/broker identified below ("Seller", "Agent", "you").
You appoint Propworths to host your Smart Sell listing and to provide the online offer-window functionality, subject to this Agreement, the Smart Offer Terms & Conditions, the Platform Fee Schedule, and all other applicable Platform policies. Smart Sell is a transparent, time-limited offer process; it is not an auction, and neither the Platform nor this Agreement operates as an auctioneering service.
Please complete all required fields accurately. This information forms part of the legally binding agreement and will appear on confirmation emails and invoices.
Smart Sell separates two money paths completely. Path A is the Propworths platform fee — a flat USD 180 you pay upfront to list, plus a separate flat USD 200 that each prospective buyer pays for six-month Smart Offer access. Both are collected by Propworths via Peach Payments and never touch the sale itself. Path B is the purchase price and any negotiated deposit — these are paid by the buyer directly into the trust account of the conveyancing attorney appointed by you as the Seller, never into any Propworths bank or trust account. As the Seller you acknowledge and agree to both requirements as a condition of listing on the Platform.
Propworths holds no client funds at any stage. The flat USD 180 seller listing fee and the flat USD 200 buyer six-month registration fee are Propworths’ own platform-access fees, collected via Peach Payments to our operating account. The deposit and the balance of the purchase price are paid by the buyer into your conveyancing attorney’s trust account — and are governed by the deed of sale drafted and signed at that attorney.
Before your Smart Sell listing goes live, you pay a one-time flat USD 180 platform listing fee to Propworths. The fee covers listing publication in all 185 supported markets, the offer-window infrastructure (opening window, live offer room where selected, real-time offer log, close notifications), and delivery to you at close of every offer with its full terms.
Each prospective buyer separately pays Propworths a flat USD 200 non-refundable Smart Offer registration fee that gives them six months of platform access to make offers on any Smart Sell listing (yours and any other seller’s), in any of the 185 supported markets. After six months a buyer must re-register and pay USD 200 again to continue making offers. The registration also completes the FICA / KYC verification required before any offer can be submitted.
The full terms of the buyer’s six-month registration — including its narrow refund exceptions and its expiry / renewal rules — are set out in the Smart Offer Terms & Conditions.
When you accept an offer, the terms of the accepted offer — including the amount, any deposit percentage, cash / bond conditions, and occupation date — are recorded as the Agreement in Principle. The Agreement in Principle is not a deed of sale and does not on its own transfer property. You and the buyer instruct your respective attorneys, who draft the deed of sale, which both parties sign at the attorneys. Only then is the sale legally binding.
Smart Sell does not impose a fixed cash / bond timeline. The deed of sale — drafted by the parties’ attorneys and reflecting the accepted offer terms — sets the specific dates by which the balance and any bond conditions must be met. Typical defaults where the offer does not state otherwise are 30 days for a cash buyer and 60 days for a bond buyer, subject to bond approval by a registered financial institution.
If a bond is formally declined by the buyer’s bank within the agreed window, treatment of the deposit is handled by your appointed conveyancing attorney in accordance with the deed of sale.
Smart Sell replaces the previous commission-based auction model. There is no percentage commission on the accepted offer, no buyer premium, and no seller commission paid to Propworths on completion. Propworths’ only fees are the two flat platform fees in Sections 3.1 and 3.2. You receive the full accepted offer amount from your conveyancing attorney on transfer, less only local transfer / conveyancing / tax costs payable in the country of sale.
As the Seller, you confirm that you:
Provide details of what you are listing. These become part of this binding agreement and govern how your Smart Sell listing is set up on the Platform. You remain free at close to accept, negotiate, or decline every offer received.
Confirm the offer window settings for your listing. You are responsible for ensuring these are correct before your listing goes live. Refer to the Smart Offer Terms for how each setting affects prospective buyers. Remember: none of these settings binds you at close — you review every offer and choose freely.
The following flat-fee structure applies to all Smart Sell listings published through the Propworths Platform under Contract Version 3.0 (effective 2026-08-16). Smart Sell has no percentage commission on the sale. The Platform Fee is paid by you as the Seller to Propworths via Peach Payments before your listing goes live, and is not deducted from your proceeds. Prospective buyers separately pay a flat USD 200 six-month Smart Offer registration fee to Propworths, as described in Section 3.2 and in the Smart Offer Terms & Conditions.
To publish your Smart Sell listing on the Platform, you pay a one-time flat USD 180 platform listing fee to Propworths. The same flat fee applies to every listing, in every country and every category. There is no percentage commission, no buyer premium, and no seller commission on the sale.
| Fee | Amount | Paid by | When |
|---|---|---|---|
| Smart Sell listing fee | USD 180 flat | Seller | Before listing goes live |
| Smart Offer buyer registration (6 months) | USD 200 flat | Each buyer | At buyer registration |
| Commission on the sale | None | — | Never |
The Platform Fee is due when you submit your Smart Sell listing for publication and must be paid before the listing is published and the offer window opens. All payments are processed through Peach Payments (SARB-approved, POPIA-compliant). Accepted payment methods are: Visa, Mastercard, American Express, Apple Pay, Google Pay, Scan to Pay, Pay By Bank (direct bank transfer via Peach), and Money Badger crypto (BTC / ETH / USDC / USDT, ZAR settlement). The fee is billed in USD 180 and auto-converted to your preferred currency at the Peach Payments live FX rate at the moment of payment.
The USD 180 Platform Fee is non-refundable once your listing is published. It is refunded only in these two specific circumstances: (a) Propworths cancels the listing before the offer window opens; or (b) a documented Propworths platform failure prevented the offer window from running as scheduled and no comparable replacement window is offered within 30 days. In all other cases — including no offers being received, no offer being accepted, the Seller withdrawing before close, the sale not completing after acceptance, bond decline on the buyer’s side, or the Seller choosing to re-list at different terms — the USD 180 Platform Fee is retained by Propworths in full.
The Platform Fee is Propworths’ fee for publishing the listing, running the offer window, and delivering the offer log to you at close. It is independent of whether an offer is accepted or the sale ultimately completes. No portion of the Platform Fee is deducted from your proceeds as the Seller, and no percentage commission is charged on any accepted offer.
Transfer duty, conveyancing fees, deeds-office / land-registry fees, capital gains tax, stamp duty, VAT on the purchase price (where applicable in the country of sale), notary fees, and all other regulatory costs are the sole responsibility of the applicable party under local law and are entirely separate from the Propworths Platform Fee. These vary by country and asset type.
You warrant that you are the lawful owner of the property or business or hold a valid written mandate / authority to list it on Smart Sell 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 property or business 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 / disclosure pack before the Smart Sell offer window opens. Unless the listing expressly states otherwise, the property 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, you must compile and make available to prospective buyers, before the Smart Sell offer window opens, a legal / disclosure pack of the documents relevant to the property or business — 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 Smart Sell settings on your listing page before it goes live — including guide price, whether to publish a target sale price internally, minimum offer increments, buyer pre-qualification requirements, NDA requirements, special conditions, offer-window opening and closing times, and soft-close extension rules.
You may not use the Smart Sell offer function to generate artificial demand or to encourage shill offering, offer manipulation, or any artificial inflation of offer prices. This includes submitting offers yourself, using proxies, or arranging for third parties to do so with no real intent to buy. Any such activity may lead to immediate removal of your listing, account suspension, and legal action. See also Smart Offer Integrity Policy and Smart Offer Terms — Section 6.
Any guide price you publish must be a genuine, reasonable indication of the value you expect for the property and must not be set artificially low to attract offers with no real intention of accepting at that level. Any internal target sale price you record is for your own reference; it is not disclosed to buyers and does not bind you at close. You may not change a published guide price once the offer window is live except with Propworths’ written approval. You are not obliged to accept the highest offer or any offer; you may accept, ask two buyers to improve, or decline them all — see Section 9.1.
If you withdraw a Smart Sell listing after the offer window has opened, you may be liable for the reasonable marketing and administration costs incurred by Propworths, as set out in the Platform Fee Schedule. The USD 180 platform fee is non-refundable once the listing is published (Section 5.4). Propworths reserves the right to recover its reasonable costs incurred in publishing and running the offer window.
At the scheduled close of the offer window, Propworths delivers you the full offer log with the amount and terms of every offer received. The highest offer does not automatically win. You are free, within 48 hours of close, to (a) accept any offer, (b) invite two buyers to improve their terms and choose between the improved offers, or (c) decline every offer. You may weigh price, deposit size, cash / bond conditions, occupation date, and any other term. Smart Sell does not impose an obligation on you to accept any particular offer or any offer at all, subject only to applicable law and your mandate.
You may decline every offer received during the window. If you do so, the Smart Sell listing closes without a sale, and you may re-list the property as a new Smart Sell listing (with a new USD 180 platform fee) or as a regular Propworths listing at any time.
Risk in and responsibility for the property or asset remain with you until legal transfer or completion is registered, unless the law of the property’s location provides otherwise. You must keep the property adequately insured and maintained in its advertised condition until completion, and must promptly notify Propworths and the buyer of any material damage, loss, or change in condition occurring after the offer window closes. The property 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 acceptance of an offer and completion.
Enquiries, offers 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 prospective-buyer 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 may suspend or terminate your listings and/or account where we reasonably believe there is fraud, offer 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. Smart Sell offer-window timings affected by such an event may be rescheduled at Propworths’ 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 Platform Fee Schedule and the Smart Offer Terms & Conditions), constitutes the entire agreement between you and Propworths regarding Smart Sell listings and supersedes all prior discussions, representations, or arrangements on the subject — including any prior auction-based seller agreement.
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 recording, logging, and retaining offer activity, timestamps, IP addresses, and Platform communications relating to your Smart Sell listing 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 Smart Sell Listing Agreement, including the Platform Fee Schedule and the Smart Offer 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: Smart Sell Explained · Smart Offer Terms · Platform Fee Schedule · Smart Offer Integrity Policy · Dispute Resolution · Privacy Policy
Your Smart Sell Listing Agreement has been submitted. A signed copy has been emailed to your email.