1) Overview
This page explains typical buyer responsibilities when purchasing a property or business through the Propworths Platform, including purchases that start via a Smart Sell offer window. This page is provided for transparency and does not replace the formal deed of sale, Smart Sell listing conditions, or local legal requirements.
You remain responsible for due diligence. Propworths is a technology platform and is not the seller, conveyancer, or your legal / financial advisor unless explicitly stated in writing. Smart Sell is not an auction and a sale becomes legally binding only when both parties sign the deed of sale at their attorneys.
2) Buyer Due Diligence (Your Responsibility)
You agree that before committing to a purchase (including submitting a Smart Offer), you will conduct all due diligence reasonably required for the property or business and jurisdiction, including:
- Physical inspection of the property/business and verification of condition, boundaries, and improvements.
- Verification of ownership/authority to sell, mandates, and seller capacity through the relevant professionals.
- Title/encumbrance checks (bonds, liens, restrictions, servitudes, zoning, permits, compliance certificates as applicable).
- Financial and operational verification for businesses-for-sale (accounts, leases, staff, suppliers, licenses).
- Independent legal, tax, and financing advice.
3) Identity & Funding Readiness
3.1 Verification & Six-Month Smart Offer Registration
Before you can submit any offer on a Smart Sell listing you must complete FICA / KYC verification and pay the flat USD 200 six-month Smart Offer registration fee via Peach Payments (see Smart Offer Terms, Section 2A). Failure to complete verification may result in refund of the fee under Section 2A.5(b) or, if you provide inaccurate information, forfeiture of the balance of your six-month window without refund.
3.2 Proof of Funds / Pre-Approval
For certain listings, sellers may require proof of funds, finance pre-approval, deposit confirmations, or other affordability evidence within a stated timeframe. These requirements are shown on the individual Smart Sell listing before you offer.
4) Smart Sell Purchases: What Happens After the Seller Accepts Your Offer
Where a seller accepts your offer at the close of the Smart Sell offer window (an “Accepted Offer”), the following process typically applies (subject to the listing rules and local law):
- Notification: You receive in-app / email notice of acceptance and the terms recorded in the Agreement in Principle.
- Attorney instruction: Within a reasonable time (typically 48 hours), you appoint your own attorney and the seller nominates the conveyancing attorney (also the transferring attorney).
- Deed of sale: The seller’s conveyancing attorney drafts the deed of sale from the Agreement in Principle. Both parties sign at the attorneys. The sale becomes legally binding on both parties on signature.
- Deposit: The negotiated deposit is paid by you into the seller’s conveyancing attorney’s trust account under the deed of sale — never to Propworths.
- Balance & transfer: The balance of the purchase price is paid to the same conveyancing attorney on the timeline recorded in the deed of sale. Title is registered at the deeds office (or local equivalent).
- Handover: Possession / occupation occurs per the deed of sale.
5) Buyer Default & Non-Completion
If you fail to proceed after an Accepted Offer (or breach the post-acceptance steps), consequences may include:
- Loss of any deposit paid under the deed of sale (where forfeiture applies by law / contract).
- Seller claims for damages and re-listing costs (where lawful).
- Immediate suspension of your Smart Offer account and forfeiture of the balance of your six-month USD 200 registration window with no refund.
- Referral to payment providers and, where appropriate, relevant authorities.
6) Communications & Off-Platform Dealing
You agree not to use the Platform to identify a seller / agent and then circumvent the Platform process to avoid the flat USD 200 Smart Offer registration fee or the seller’s Smart Sell offer window. Propworths may apply integrity remedies where circumvention is detected, to the maximum extent permitted by law.
7) Buyer Support
Support: [charl@propworths.com] | Legal: [charl@propworths.com]