These pages state the terms and conditions as well as the privacy policy for your usage of this website and for the usage of the services known as the HomeBid Process. Your usage of this website and your usage of the services provided by HomeBid via the HomeBid Process confirms your acceptance of these terms and conditions and privacy policy. Should you not agree to these terms and conditions and privacy policy then please desist from using this site and the HomeBid Process.

The website and the Home Process may be revised from time to time and the terms and conditions and privacy policy will be adjusted accordingly by stated intent or via practical usage, without stated intent. You are advised to revisit these pages whenever you use the website and/or the HomeBid Process to update yourself of any changes or request the HomeBid Senior Management to inform you of such changes if they are not stated herein as you are bound by the said terms and conditions and privacy policy with your continued usage of this website and/or the services provided by the HomeBid Process.
Estate Agent in Facilitator role
The website user, whether Seller, prospective Purchaser, successful Purchaser and/or the client of HomeBid acknowledges that they are familiar with the HomeBid Process and exactly how it differs from the traditional Estate Agency role. The website user and or Homebid client accepts the limited role and reduced responsibilities of HomeBid and the HomeBid Estate Agent as a Facilitator only for the HomeBid Process and the reason that a commission of only 1.95% plus Vat is charged to the Seller of a home for this non - traditional role of the estate agency function undertaken by HomeBid.
Unbiased and independent Valuation of home for sale required
The duties, role and functions of the HomeBid Estate Agency are focused, inter alia, on ensuring that the homes listed on HomeBid.co.za have a valuation from an unbiased and independent Registered Professional Valuer. The Seller is responsible for paying the Valuer directly for this independent and unbiased valuation report and upon the successful sale of the home via the HomeBid Process and the receipt of HomeBid of their commission of 1.95% plus Vat, HomeBid will refund the Seller the valuation fee.
Sole and Exclusive Mandate
HomeBid will arrange for the Seller to sign the sole and exclusive mandate in favour of HomeBid in order to use the HomeBid Process and save on commission.
Photographs of home for sale
HomeBid will arrange for suitable photographs of the home to be taken at HomeBid’s cost and should the Seller require other photographs this will be for the responsibility and cost of the Seller.
Listing of home on HomeBid.co.za and various Property Portals
HomeBid will arrange the listing of the home onto HomeBid.co.za in the HomeBid format and the Seller will acknowledge acceptance by signing off the listing schedule.

HomeBid will arrange for the listing of the home for sale to be placed onto other Property Portals with whom HomeBid contracts, at HomeBid’s cost.

The Seller acknowledges that the HomeBid Process does not include print advertising of homes for sale and should this be done it will be at the sole discretion of HomeBid.
HomeBid ‘For Sale’ signboard
HomeBid will offer the Seller a For Sale signboard in the HomeBid branding for the Seller to place on their front gate, providing it is not in contravention of any local rules or by-laws. The Seller will be liable and responsible for the correct procedures for erecting the For Sale Signboard and any contravention will be for the Seller’s financial cost.
Procedure with prospective purchasers
HomeBid will receive communication from prospective purchasers and will require these prospective purchasers to furnish a copy of their Identity Documents prior to arranging a show day visit.

HomeBid has the right to verify the potential purchaser’s identity documents and the potential purchaser gives HomeBid unqualified permission to do so at any time.
Communication via confidential personal ‘Dashboards’
HomeBid will provide all registered website users, being Sellers of homes listed on HomeBid.co.za and prospective Purchasers/Bidders, with their own confidential “dashboards” for communication purposes between the HomeBid staff, Sellers, Prospective Purchasers/Bidders, successful Purchasers and the Professional Associates involved in the HomeBid Process.
Home viewing by appointment with prospective Purchasers
HomeBid will arrange for the potential purchaser to visit the home of the Seller at a mutually convenient date and time to both the Seller and the Purchaser. The Seller may elect to request someone they entrust with the responsibility of showing the potential purchaser around their home.

HomeBid recommends that the Seller take all the necessary security precautions they require to ensure their safety and the safety of anyone else in their home as well as their possessions in the home while inviting the potential purchaser and their possible accompanying people into their home and garden.

HomeBid bears no responsibility whatsoever for any possible security breach issues of people and/or property when the Seller invites the potential purchasers into their home. The Seller opting for using the HomeBid Process acknowledges that the reduced sales commission charged by HomeBid is achievable, in part, by the HomeBid Estate Agent NOT accompanying the potential purchasers onto and into the property for sale.

The Seller is recommended to show the potential purchasers around their home for sale as they would any interested visitor to their home. The Seller is advised by HomeBid to insist that the potential purchaser and their accompanying people all view the property in tandem with each other accompanied by the Seller or their entrusted representative(s).

The Seller must take all necessary precautions to ensure that valuables, keys, remote controls and the like are securely locked away during such visits.

The Seller is advised not to discuss the price of their home with the potential purchaser but to refer the potential purchaser to the bidding process involved within the HomeBid Process.

The Seller may discuss selling and or leaving certain items within the home for a prospective purchaser BUT the prospective purchaser must include these items within their Bid Offer.

Not all prospective purchasers will pass the financial qualification process by the HomeBid Financial Team and it may be premature to negotiate price and or items with people who may not be financially capable of purchasing the home.

Should a prospective purchaser want to revisit the Seller’s home again it should be undertaken via the HomeBid Agent. However, should the Seller be confident to allow the potential purchaser back into their home, that is a judgment call that they must make thereby absolving HomeBid of any responsibility for unscheduled home visits between the Seller and prospective purchasers.
Effective cause of sale of home
The Seller acknowledges that in terms of their sole and exclusive mandate should a prospective purchaser introduced to the Seller by the HomeBid Process eventually purchase the home, with or without the sole and exclusive HomeBid mandate in place, then HomeBid will be entitled to the Estate Agent’s commission of 1.95% plus Vat, as they were the introductory agency and therefore the effective cause of such a sale. The Seller acknowledges that they will be liable for the said commission payment to HomeBid upon registration of the property to such a potential purchaser and or their associated and or nominated party.
Further information and or documentation required by prospective purchasers
The potential purchaser may require HomeBid to provide any and all such documents pertaining to the home for sale and HomeBid shall source same from the Seller and or other parties involved such as Managing Administrative Agents, Local Municipalities and the like. The Seller hereby authorizes HomeBid to obtain any and all such documents required to effect a sale of the home to a prospective purchaser.
Financial Pre-qualification of prospective Purchasers
Prospective Purchasers registering onto the HomeBid Process acknowledge that they will be required to provide any and all such financial and other documentary proof for the HomeBid Financial Team, incorporating CapCubed, to assess and analyse their ability to perform financially and timeously for all the funds required to purchase and take transfer of the home for sale, in which they have expressed an interest to purchase. This information required will be discreetly and confidentially handled by the HomeBid Financial Team, and their appointed Associates and or any Financial Institution to whom the potential Purchaser applies for finance via the HomeBid Process.
Ability to make a formal and confidential legally binding Bid Offer
Financially qualified prospective Purchasers will be certified by the HomeBid Financial Team and this certification will accompany their formal, legally binding, confidential Bid Offer for their selected home via the HomeBid Process. This Bid Offer plus accompanying financial certification will be sent by HomeBid to the HomeBid Appointed Attorney for consideration by the Seller, advised by the said Attorney. The Bid Offer is a legally binding offer and is valid for a period of fourteen (14) days.

Should the Seller accept the said offer with its terms and conditions, and or should the Seller request their HomeBid Appointed Attorney to finalise the negotiations of the sale of the property with the prospective Purchaser, then the said Attorney will contact the prospective Purchaser to attend to same. Should both Sellers and prospective Purchasers agree on the said offer and terms and conditions and/or adjusted terms and conditions then the Attorney will draw up an Offer to Purchase (OTP) to be signed by both parties.

All prospective Purchaser Bidders acknowledge that it is in the sole discretion of the Seller to accept any one Bid Offer and the selection is not based exclusively on the price offered. Should the initial Bid Offer not materialize into an acceptable Offer to Purchase timeously then the Seller has sole discretion on which successive Bid Offer to select to proceed to the next step in the HomeBid Process.

Unsuccessful prospective Purchaser Bidders will be informed by HomeBid of the outcome of the Bid process on the home of their chosen bid. Unsuccessful Bidders can avail themselves of another opportunity to bid for another home as their financial prequalification will ensure they are among the first bidders to submit a Bid Offer to be seen by the Seller via their HomeBid Appointed Attorney.
Signed Offer to Purchase and sourcing of Mortgage Finance for the Purchaser
The Offer to Purchase fully signed by the successful Purchaser/Bidder and the Seller will enable the HomeBid Financial Team to process the final steps to secure the successful Purchaser/ Bidder a mortgage bond. HomeBid does not charge for this service. The successful Purchaser/ Bidder may prefer to undertake this application on their own or with their own bank and the HomeBid Financial Team will assist them in any way possible to achieve this objective. This is a free service from HomeBid.
Finalisation of the necessary documentation to ensure successful registration of the property
The HomeBid Appointed Attorney will represent the Seller in the finalization of any and all such documents required to ensure a success registration of the property into the name of the Purchaser.

The Seller appoints the HomeBid Appointed Attorney to attend to the transfer and registration of the property into the Purchaser’s name in the relevant Deeds Office. The simultaneous cancellation of the Seller’s possible mortgage bond and the registration of the Purchaser’s possible mortgage bond will be authorized by the Financial Institutions responsible and their appointed Conveyancers.
Upon successful Transfer of the property
The Seller receives the net proceeds of the sale, after the discharge payments for any mortgages, liens and other charges against the property, and the Seller instructs the Attorney to pay HomeBid the Sales Commission of 1.95% plus Vat.

HomeBid refunds the Seller with the Valuer’s Fee of R1750 plus Vat.
Seller can now become a prospective Purchaser/Bidder on HomeBid.co.za
The Seller can now avail themselves of the opportunity to buy their next home via the Homebid Process and thereby purchase at an accurate current market value and look to save themselves estate agent’s commission of up to R65 000 per R1 million of the purchase price.
Terms of use
Users may not use the website in order to transmit, distribute, store or destroy material:

Using any robot, spider, other automatic device or manual process to monitor or copy any part of the website;
Using any device, software or routine or the like to interfere or attempt to interfere with the proper working of the website.
Taking any action that imposes an unreasonable or disproportionately large load on the website infrastructure;
Copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the website without HomeBid’s prior written
Reverse assembling or otherwise attempting to discover any source code relating to the website or any tool therein, except to the extent that such activity
is expressly permitted by applicable law notwithstanding this limitation; and
Attempting to access any area of the website to which access is not authorized.
Copyright and Intellectual Property Rights
All content, trademarks and data on this website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to the website.

Users of this website are not granted a license or any other right including without limitation under Copyright, Trade Mark,
Patent or Intellectual Property Rights in or to the content.
Users are prohibited from violating or attempting to violate the security of the Website, including, but without limitation:
  • accessing data not intended for such user or logging into a server or account which the user is not authorized to access;
  • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the website, overloading, "flooding", "spamming", "mail bombing" or "crashing";
  • sending unsolicited email, including promotions and/or advertising of products or services;
  • forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
  • deleting or revising any material posted by any other person or entity;
  • using any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this site.
Violations of system or network security may result in civil or criminal liability. HomeBid will investigate occurrences, which may involve such violations, and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
At the outset of this Privacy Policy HomeBid states that whenever and wherever possible it will only use the personal information provided by the website user and or client of HomeBid to ensure the efficient running of the HomeBid Process for the benefit of the website user and or HomeBid Client and will not disclose any personal information to anyone unless it furthers the aims of the HomeBid Process to ensure the purchase and/or sale of a home listed on the HomeBid website.

Each User of the website agrees that, by using the website, they provide HomeBid with certain personal information, including, without limitation, their name, corporate details (if applicable), property specific information, specific financial information, property searches, addresses, contact numbers, email address, advertisements, sales statistics, location information, valuations, prices and rentals , defined as Personal Information.

HomeBid collects, collates and stores such Personal Info to compile the website, provide services to the website users and clients of HomeBid and its Professional Advisers and related business purposes. It is mandatory for the all website users to provide some Personal Information in order to access the website, as indicated on the website. By using the website, each website user and client of HomeBid explicitly consents to HomeBid using or disclosing their Personal Information throughout the entire HomeBid Process, whenever and wherever HomeBid considers it necessary to do so to fulfill its Mandate from the Seller and/or the Buyer participating in the HomeBid Process.
Furthermore other specific uses also include the following circumstances:
  • for communication purposes from time to time, provided that the website user and or HomeBid client may request to be removed from a communication system;
  • de-identified or aggregated Personal Information may be used for statistical and data analysis purposes;
  • to improve the website, to improve and develop new products, features and services;
  • in the ordinary course of its business and for promotions and marketing;
  • for use by its business partners from time to time for commercial or marketing purposes;
  • to any party if it believes that it is required by law or by a court to do so or if HomeBid believes that this is necessary to prevent or lessen any unlawful or harmful actions.
In terms of the Protection of Personal Information Act, 2013, a person about whom Personal Information is collected has the right:
  • of access to and the right to rectify the Personal Information collected;
  • to object to the processing of Personal Information;
  • to lodge a complaint to the Information Regulator whose details may be obtained from HomeBid.
The website user and HomeBid client acknowledges that modern website design and development includes the use of tracking devices and “cookies” to monitor website usage to ensure the maximum benefit for all parties involved in the usage and management of the website. This pertains to first party and third party cookies and analytical and other tracking devices as well. By using the website and or being a HomeBid client you agree to the usage of these tracking devices and cookies on the website to ensure the efficiency of your usage of the website as well as the efficiency of the Website Owner’s business.
1. HomeBid may cede or assign any of its rights or obligations in terms of this agreement or sub-contract any of its obligations in terms of this agreement without requiring the prior consent of the website user and or Client of HomeBid.

2. The website user and or client of HomeBid may not cede or assign any of its rights or obligations in terms of this agreement without HomeBid’s prior written consent.
1. The website carries property information, news, reviews and other content independently published by third parties on the website. HomeBid is not responsible and not liable in any way or form for any third party content published or sourced via this website.
2. HomeBid shall not be responsible for any user entering into agreements or making decision of whatever nature in connection with the availability of property valuations sourced from whatever means, posting of: property information, personal information, financial analysis, financial information, financial computations derived in any way and/or the contents thereof and/or any other information obtained on the website and/or via the Seller and/or Buyer and/or via the HomeBid Agent and/or HomeBid Management.
3. Whilst HomeBid has taken reasonable measures to ensure the integrity of the website and its contents, no warranty, whether express or implied, is given that the website will operate error-free or that any files, downloads or applications available via the website are free of viruses, trojans, bombs, time-locks or any other data, code or harmful mechanisms which has the ability to corrupt or affect the operation of your system or any other third party system.
In no event shall HomeBid, and/or any third party contributors of material to the website be liable for any costs, expenses, losses and damages of any nature (whether direct, indirect, punitive, incidental, special or consequential) arising out of or in any way connected with your use of the website, your inability to use the website and/or the operational failure of the website, and whether or not such costs, expenses, losses and damages are based on contract, delict, strict liability or otherwise. You hereby waive your rights or claims you may have against HomeBid and/or its Professional Associates in respect of any loss, liability, damage (whether direct or consequential) or any expense of any nature whatsoever, which may be suffered as a result of the website user and/or HomeBid client’s use or inability to use the website or the services or content provided from and through the website and via any HomeBid personnel or associated personnel to the HomeBid Process.

Insofar as the website contains links to any other internet websites, you acknowledge and agree that HomeBid does not have control over any such website and HomeBid shall therefore not be liable in any way for the contents of any such linked website, nor for any costs, expenses, losses or damages of any nature whatsoever arising from your access and/or use of any such website.
1. These Terms & Conditions and Privacy Policy constitute the entire agreement between HomeBid and you. Any failure by HomeBid to exercise or enforce any right or provision of these Terms & Conditions and Privacy Policy shall in no way constitute a waiver of such right or provision.

2. In the event that any term or condition is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
Applicable Law
This website is hosted, controlled and managed in the Republic of South Africa, and thus, South African law and jurisdiction govern the use or inability to use this website, or any other matter related to this website.
All disputes in terms of this agreement or relating to the use or inability to use this web site shall be settled by arbitration conducted in English in terms of the rules of the South African Arbitration Foundation. Such arbitration shall be held in Johannesburg, and the unsuccessful party shall pay all costs incurred by the successful party in attending and preparing for such arbitration.