South Africa
Mandate to Sell
R599
Create a mandate to sell authorising a property practitioner, agent, broker, or representative to market and sell property, with commission, asking price, mandate period, exclusivity, advertising, offers, and cancellation terms.
A Mandate to Sell is used where a property owner authorises an estate agent, property practitioner, broker, or agency to market and facilitate the sale of immovable property. It regulates the mandate type, property details, asking price, commission, advertising authority, mandate period, seller obligations, defects disclosure, offers, and termination.
South African legal context (2026 checklist)
Property practitioners must comply with the Property Practitioners Act and related regulatory requirements. The mandate should be clear on whether it is open, sole, exclusive, or joint. Commission disputes often arise where the mandate does not define when commission is earned, whether VAT is included, and whether commission remains payable after expiry for a buyer introduced during the mandate period.
- Property Practitioners Act 22 of 2019
- Property Practitioners Regulations
- South African common law of mandate, agency, and contract
- Alienation of Land Act 68 of 1981
- Deeds Registries Act 47 of 1937
- Financial Intelligence Centre Act 38 of 2001
- Consumer Protection Act 68 of 2008, where applicable
- Protection of Personal Information Act 4 of 2013
- Electronic Communications and Transactions Act 25 of 2002
- Prescription Act 68 of 1969
Use this as a starting point only. Verify current gazetted amendments, tribunal rules, and SARS / DOL circulars that may apply to your matter.
Typical questions we'll walk you through
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Who is the property owner or seller?
Who is the property practitioner, agent, or agency?
What property is being marketed for sale?
Is the mandate open, sole, exclusive, or joint?
What asking price or listing price applies?
What commission, VAT, or fee is payable?
When is commission earned?
What mandate period applies?
Can the agent advertise online, use photos, show the property, and arrange viewings?
Who pays advertising, photography, valuation, or marketing costs?
Must the seller complete a property defects disclosure form?
How may the mandate be cancelled or renewed?
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