1) Parties & Purpose
This Seller / Agent Listing Agreement ("Agreement") is between Propworths.com Head Office ("Propworths.com", "Platform") and the seller, property owner, developer, or authorised agent/broker ("Seller", "Agent", "you") who uploads or manages listings and/or auctions on the Platform.
You appoint Propworths.com to host your listings and (where selected) to provide online auction functionality, subject to this Agreement and the Platform policies.
2) Authority, Mandate & Eligibility
2.1 Authority to List / Sell
You warrant that you are the lawful owner of the asset or have a valid written mandate/authority to list and sell/auction it, and you can provide proof upon request.
2.2 Compliance
You warrant compliance with all applicable laws, licensing, property/real-estate regulations, advertising standards, and consumer disclosures in the relevant jurisdiction(s).
3) Listing Content Standards
3.1 Accuracy & Non-Misleading Content
- All pricing, location, sizes, features, zoning, approvals, and descriptive claims must be accurate and not misleading.
- Images, videos, floor plans, and documents must be owned by you or properly licensed for commercial use.
- Material defects or legally required disclosures must be included as required by local law.
3.2 Content Moderation
Propworths.com may edit, reject, suspend, or remove any listing that violates policy, creates legal risk, or harms platform integrity, at our discretion.
4) Auctions: Seller Controls & Responsibilities
4.1 Auction Setup
You are responsible for confirming the auction settings shown on the auction page, including (where applicable):
- Reserve price and whether reserve status is displayed.
- Minimum bid increments and any buyer qualification requirements.
- Special conditions (deposit, proof of funds, inspection windows, required documents).
- Closing time and extension rules (soft close) as provided by the Platform.
4.2 Acceptance / Rejection of Bids
You control whether to accept a bid (subject to law and your mandate). If you accept a bid through the Platform, you agree to cooperate promptly to finalise the transaction with the winning bidder and the appointed conveyancer/closing professional.
Important: You may not use the auction function to generate "fake demand" or to encourage shill bidding. Any manipulation may lead to immediate removal and account action.
5) Fees, Commission & Invoicing
Fees and commission (if any) are governed by the Commission & Fees Policy and any in-app checkout terms, plus any written commercial agreement with Propworths.com.
5.1 Platform Commission on Buyer Default
6) Data, Leads & Communications
Enquiries and leads generated through the Platform may be routed to you. You agree to respond in a timely and professional manner and to comply with data protection laws when handling personal information of bidders/buyers.
7) Intellectual Property Licence
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.
8) Indemnity
To the maximum extent permitted by law, you agree to indemnify and hold Propworths.com harmless from claims, losses, penalties, and costs arising from: (a) inaccurate or misleading listings; (b) lack of authority/mandate; (c) IP infringement in your content; or (d) your breach of law or this Agreement.
9) Suspension / Termination
Propworths.com may suspend or terminate your listings and/or account where we reasonably believe there is fraud, manipulation, legal risk, or breach of policy/terms. You may remove listings subject to any outstanding fees and active transaction obligations.
10) Governing Law & Disputes
This Agreement is governed by the law stated in the Platform legal footer or contracting entity terms, subject to mandatory provisions in the relevant jurisdiction(s). Dispute handling is described in Dispute Resolution & Arbitration.
11) Signatures (Optional for Offline Execution)
For Propworths.com Head Office
Name: __________________________
Title: ___________________________
Date: ____________________________
Signature: _______________________
For Seller / Agent
Legal Name / Entity: __________________________
Registration / License No: ____________________
Date: ________________________________________
Signature: ___________________________________
12) Head Office Details
Contracting Entity: [Legal Entity Name]
Registration No: [Insert]
Address: [Insert]
Legal Notices: [charl@propworths.com]