Dainfern Homeowners Association (Association incorporated under Section 21) ACCREDITATION AGREEMENT ESTATE AGENTS

Transcription

1 Dainfern Homeowners Association (Association incorporated under Section 21) ACCREDITATION AGREEMENT For ESTATE AGENTS

2 2 MEMORANDUM OF AGREEMENT entered into by and between THE DAINFERN HOMEOWNERS ASSOCIATION (herein represented by Reg Bernstein in his capacity as the General Manager and hereinafter referred to as the DHA ) and (herein represented by and hereinafter referred to as the Agency ) WHEREAS the Dainfern Golf Estate and Country Club, administered by the Dainfern Homeowners Association ( DHA ), is an up-market and exclusive suburb with specific needs and attributes, particularly relating to security; AND WHEREAS the DHA recognizes the needs of its Members to have assistance from competent and informed Estate Agents; AND WHEREAS the DHA has formulated a policy to guide the relationship between it, its Members and Estate Agents, the DHA now records the following: 1. APPOINTMENT The DHA hereby appoints the Agency as a DHA accredited agency. On the signature hereof by the parties hereto, the rights, duties, interests and entitlements as recorded herein (and in the Rules and/or policies of the DHA), shall accrue to and become binding on, the parties, for the duration of this agreement and any renewals hereof, subject to the terms expressed herein.

3 3 2. DURATION 2.1 The appointment and accreditation of the Agency shall commence on 1 st April 2015 and shall terminate on the 31 st March 2016 ( the Initial Period ). 2.2 On the date of termination hereof, all rights afforded to the Agency in terms of this agreement shall cease. 2.3 The appointment and accreditation of the Agency shall not be renewed on the expiry of the Initial Period, save as set out hereunder. 3. RENEWAL 3.1 Should the Agency wish to renew its accreditation it shall, not less than 1 (one) month before the expiry of the Initial Period, in writing, request the DHA to consider a renewal. The DHA may require the Agency to complete and submit a standard-form application for accreditation and shall consider the request and advise the Agency of its decision in writing. 3.2 Accreditation and renewal thereof shall be at the sole and absolute discretion of the DHA (who shall not be obliged to furnish any reasons for their decision) and shall only be considered upon receipt of all requisite documentation as prescribed by the DHA from time to time, and payment of the relevant annual fees. 3.3 The provisions of 3.1 shall apply mutatis mutandis to any further period for which the Agency s accreditation is renewed. 4. OBLIGATIONS OF THE AGENCY 4.1 On the submission of the application for accreditation of the Agency, or upon application for renewal hereof, the Agency shall pay the DHA an annual accreditation fee and such other sums as determined by the DHA from time to time.

4 4 4.2 Payment of the annual accreditation fee and such other sums shall entitle the Agency to the rights afforded to it by the DHA in terms hereof. 4.3 The Agency shall at all times ensure that it (including its agents, representatives, employees and the like) complies strictly with the terms of this agreement and all laws, by-laws or other regulations applicable to the business of the Agency. 4.4 The Agency (its agents, representatives, employees and the like) shall, in addition to compliance with the terms of this contract, also strictly comply with the Rules and Regulations as determined and amended by the DHA from time to time. Such Rules will be forwarded to the Agency as and when they are brought into operation. The present Estate Rules and Estate Agent s Rules are annexed hereunto as Annexures A and B respectively. 4.5 The Agency shall advise their clientele and any potential purchasers of land within the DHA s association area of any and all Building Rules, limitations and the like as well as the content and importance of the Memorandum of Incorporation of the DHA, in respect of the Dainfern Estate. In particular, the Agency shall ensure that all Offers to Purchase contain the DHA s standard debit order authority for levies and ancillary charges and that the purchaser completes, signs and delivers same to the DHA, prior to issue of a clearance certificate for purposes of the transfer. The DHA s Memorandum of Incorporation and Standard Debit Order form are annexed hereunto as Annexures C and D respectively. 4.6 The Agency shall ensure that Annexure E hereto (the Security Form for all Rentals) is completed and signed and delivered to the Security Control Room by the Tenant in respect of any rental/lease agreement concluded by them for a Property in the Dainfern Estate. 4.7 The Agency shall ensure that all For Sale and Sold, and boards are timeously removed from the Estate, failing which the Agency hereby irrevocably consents to the DHA and/or its security contractors impounding and removing same. Such signage shall only be returned to

5 5 the Agency on written application to the Estate Administrator and on payment of a R500 (Five Hundred Rand) penalty per sign. 4.8 The Agency shall advertise show houses in the appropriate newspapers as the DHA may approve from time to time. In placing such newspaper advertising, the Agency shall: Not advertise properties within the Estate for any particular show day which advertising, in the aggregate, exceeds one single page of such newspaper s property supplement; Not overexpose the properties in the Estate by advertising same repeatedly or unnecessarily; and Not unlawfully utilize the intellectual property and trademarks of the DHA. 5. RIGHTS OF THE AGENCY 5.1 Members of the DHA shall, upon accreditation of the Agency, be entitled to employ the Agency to market and/or let their properties and conversely, the Agency shall be permitted (always subject to the terms of this agreement and the Estate Agent s Rules and the other documents and policies applicable to the DHA,) to accept mandates and instructions from members of the DHA. 5.2 The DHA shall upon full compliance by the Agency with all of its obligations in terms hereof, make reasonable endeavours to make facilities available to the agent at a preferential charge rate: For hosting cocktail parties or other appropriate functions, from time to time, for residents and newcomers to the Estate; For the provision of reasonable promotional material, including, if appropriate, brochures, Estate maps, Memorandum of Incorporation, Estate Rules and Building Guidelines;

6 The designation of a responsible person with whom to liaise on Estate matters; For guidance in respect of levy payment procedures, membership of the DCC and Golf sub-section thereof, and do s and don t s on the Estate; For advertising on the DHA website as determined by the DHA from time to time, and/or hot links from the DHA website to the Agency s website. Such advertising and/or hot links shall not be an entitlement of the Agency and may only be allowed for limited times or may be limited or withdrawn by the DHA within the DHA s sole discretion. 6. THE RULES AND DIRECTIONS OF THE TRUSTEES 6.1 The parties agree that the DHA shall be entitled to make Rules pertaining to the conduct and/or actions of the Agency within the Dainfern Estate. Such Rules shall be made within the sole discretion of the DHA. 6.2 The DHA shall further, in its sole discretion, from time to time, be entitled to alter, amend, vary and add to the Rules it has made. 6.3 The Rules, so made by the DHA (including any altered, amended or varied version thereof), shall be binding on the Agency, immediately upon receipt thereof and shall be strictly adhered to by the Agency, and will be deemed to form part of this agreement. 6.4 In addition, the Trustees of the DHA shall be entitled, from time to time, to issue directions and instructions in regard to the conduct of the Agency s business on the Estate. 7. DOMICILIUM CITANDI ET EXECUTANDI

7 7 7.1 The parties select as their respective domicilia citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary in terms of this Agreement the following physical addresses: the DHA Attention: The General Manager The Dainfern Homeowners Association 633 Gateside Avenue Dainfern the Agency 7.2 Either of the parties will be entitled from time to time to vary its domicilium, by written notice to the other, to any other address within the Republic of South Africa which is not a post office box or a poste restante. 7.3 Any notice addressed to a party at its physical or postal address will be sent by pre-paid registered post or delivered by hand. 7.4 A notice will be presumed, unless the contrary is proved, to have been received: if posted by pre-paid registered post, 5 (five) business days after the date of posting thereof; or if hand delivered during business hours on a business day, on the day of delivery. 8. BREACH

8 8 8.1 Should the Agency breach or otherwise be in default of any of its obligations under or in terms of this Agreement or any of the DHA Rules or any direction or requirements of the DHA Directors and remain in default or fail to remedy such breach within 72 (seventy two) hours of written notice calling upon it to do so, the DHA will be entitled but not obliged, in addition to any other rights which it may have or remedies which may be available to it: to cancel this Agreement and withdraw the Agent s Accreditation forthwith with or without claiming damages; to obtain an order against the Agency for specific performance with or without claiming damages; to claim such damages as the DHA may have suffered in lieu of specific performance, together with all amounts owing under or in terms of this Agreement, whether or not such amounts have become due for payment. 8.2 The accreditation fee as well as all administration fees payable prior to date of cancellation shall be non-refundable in whole or in part. 9. GENERAL 9.1 This written Agreement and the documents referred to herein constitutes the whole of the terms of Agreement between the parties relating to the subject matter thereof and no amendment, alteration, addition, variation or cancellation of this Agreement or this clause will be of any force or effect unless reduced to writing and signed by the parties. 9.2 The parties agree that no other terms and conditions or representations, whether oral or written, and whether express or implied, shall apply save those set out and recorded in this Agreement and the documents referred to herein.

9 9 9.3 No waiver of any of these terms and conditions of this Agreement will be binding for any purpose unless expressed in writing and signed by the Party giving the same, and any such waiver will be effective only in the specific instance and for the purpose given. 9.4 Notwithstanding 9.1 to 9.3 above, the DHA shall be entitled to promulgate policies and Rules and to issue directions, in terms of clause 6 above. 9.5 Headings wherever used in this Agreement shall be for convenience only and regard shall not be had thereto in the interpretation of this Agreement. 9.6 The annual fee shall be pro-rated for the period from the date of signature hereof until 31 st March DEFINITIONS Wherever used in this agreement or the DHA Estate Agent's Rules, the following words shall have the following meaning: 10.1 Agency or Agent Shall mean the Estate Agency business which hereby applies for accreditation by the DHA; 10.2 MOI Shall mean the Memorandum of Incorporation of the DHA; 10.3 DHA - Shall mean the Dainfern Homeowners Association (Registration No : 1991/004217/08), a company duly registered and incorporated in terms of Section 21 of The Companies Act, 1973; 10.4 Estate - Shall mean and refer to the Association Area of the DHA, as referred to in the Articles; 10.5 Member - Shall mean a member of the DHA; 10.6 Owner - Shall mean the same as a member of the DHA; and

10 Property Shall mean a stand or erf situate within the Estate, with or without improvements thereon. 11. EXECUTION THUS DONE AND SIGNED AT ON THIS THE DAY OF 2015 As Witnesses: for and on behalf of the Agency THUS DONE AND SIGNED AT ON THIS THE DAY OF 2015 As Witnesses: for and on behalf of the Dainfern Homeowners Association