Terms of Engagement
Understanding our conveyancing services and your rights as a client
Table of Contents
Important Notice
These Terms of Engagement govern the relationship between MJ Kotze Inc and our clients for conveyancing services relating to the registration of transfer of immovable property. Please read these terms carefully before engaging our services.
Included Services
Standard conveyancing services covered by our fees
The following services are included in your conveyancing fee:
Excluded Services
Services not included in standard conveyancing fees
The following services are NOT included in your conveyancing fee and will be billed separately if required:
Need Additional Services?
If you require any of the excluded services listed above, please contact us to discuss a separate engagement and fee arrangement. We are happy to assist with these services on a case-by-case basis.
Transaction Updates
How we keep you informed
Weekly Email Updates
Key updates on the progress of your transaction will be sent by email on a weekly basis, keeping you informed throughout the entire conveyancing process.
Fees, Disbursements & Wasted Costs
Understanding our fee structure and payment terms
Payment Liability
The Purchaser will be liable for the payment of the conveyancing fees and disbursements relating to the registration of the transfer of the Property.
SARS Matters
The Firm shall not be responsible to resolve any disputes or issues relating to your tax affairs at SARS, unless mandated to do so. Any attendances that may be required at SARS, save for the application for the issuance of the receipt or exemption certificate, shall be billed at the prevailing rate.
Client Obligation: Should you personally attend to resolve any disputes or issues relating to your tax affairs at SARS, you undertake to resolve such disputes or issues as expediently as reasonably possible. Failure to do so will be deemed a material breach of these Terms.
Billing & Interest
The Firm may submit interim or final statements of account for services rendered. Statements are payable upon presentation or on the date stipulated. Interest of 2% per month may be charged on outstanding amounts.
Wasted Costs
Should the instruction to register the transfer be terminated due to your action or non-action, the Firm reserves the right to recover fees and costs calculated in accordance with the apportionment of fees: wasted costs' schedule. You shall further pay all attorney-and-own-client costs including tracing costs and collection commission at 10% on any amount due, plus interest at 2% per month.
FICA Compliance
Financial Intelligence Centre Act requirements
Compliance Requirements
As an accountable institution under the Financial Intelligence Centre Act, 2001, we may not establish a business relationship or conclude a transaction with a client unless we have followed the procedures relating to identification and verification as outlined in our Risk Management and Compliance Policy. This includes the completion of a FICA Questionnaire and the provision of required documents.
Right of Retention & Copyright
Protection of our rights and intellectual property
Right of Retention
In the event of non-payment of fees and disbursements, we may exercise our right of retention on all documents in our possession until such time as the indebtedness has been settled.
Copyright
The Firm retains the copyright and other intellectual property rights in all documents drafted and all material developed, designed or created.
Legal Address (Domicilium)
Address for legal service and correspondence
You select as domicilium citandi et executandi the address stipulated in the engagement agreement for purposes of the service of a summons or legal process and further nominate and appoint this address as the address at which you will accept correspondence, letters and notices. The provisions of this document shall be binding in respect of all work done in connection with this matter, irrespective of whether such work was executed before or after the date of signature hereof.
Privacy & POPI Consent
How we handle your personal information
Consent to Process Information
You hereby consent to the use of your personal information and confirm that:
- The information is supplied voluntarily, without undue influence and not under duress
- The information is mandatory for the purposes of the transaction and without it, we will not be able to execute on the Terms of Engagement
Your Rights
You have the following rights with regard to your personal information:
- Access and Rectification: Access the information at any reasonable time for purposes of rectification
- Right to Object: Object to the processing of information (these Terms will terminate, and you will be liable for wasted costs)
- Right to Complain: Lodge a complaint to the Information Regulator
Limitation of Liability & Indemnification
Understanding our liability limitations and your obligations
Importance of Accurate Information
Due to the importance of relevant, accurate and complete information being furnished to us by you (whether requested or not), and because we have to be reliant on the information for the purposes of discharging our obligations to you, we cannot take responsibility in the event that the information provided relating to the services provided to you is in some way defective.
Exclusion of Liability
The Firm shall not be liable for any loss, damage, costs or expenses whatsoever and howsoever caused, incurred, sustained or arising from a failure by you or any person acting on your behalf to disclose relevant, accurate and complete information to the Firm or from incorrect and/or incomplete information furnished to the Firm or from misrepresentations (whether such failure, furnishing and/or misrepresentation is innocent, negligent, reckless or wilful).
Client Indemnity
Should you or any person acting on your behalf disclose incorrect and/or incomplete information or should information provided to us be a misrepresentation, and should a third party sustain any loss, damage, costs or expense as a result of us relying on the said information, you indemnify us from any and all claims that may be made against us by a third party relating to the incorrect and/or incomplete information or misrepresented information.
Maximum Aggregate Liability
Notwithstanding any express, implied or tacit term to the contrary, the maximum aggregate liability of the Firm for any loss or damage, whether direct, indirect, consequential or otherwise, which may be suffered by a Client arising from any cause in connection with the provision of services will in no circumstances exceed the fees actually paid to the Firm for the services, unless it is finally determined that the loss or damage was caused by wilful misconduct or gross negligence on the part of the Firm.
General Provisions
Additional terms governing our engagement
Consumer Protection Act (CPA)
Your attention has been drawn to the wording in bold which is in compliance with section 49 of the CPA and it is confirmed that you have been given an adequate opportunity to comprehend the terms of these Terms and Conditions of Engagement prior to signature thereof.
Binding Nature
These Terms and Conditions shall be binding upon your heirs, administrators, executors, successors in title or assigns.
Representations / Warranties
Any representations, warranties, undertakings or promises of whatever nature which may have been made or given (other than those contained herein) by any representative of the Firm shall not be binding on, or enforceable against, the Firm.
Variation of Terms
Variation of these Terms and Conditions must be agreed to by and between the Firm and yourself. Variation may take place by way of verbal communication and you hereby consent to the recording of any conversation to be used as confirmation of the instruction to vary these Terms and Conditions.
Indulgence
The rights of the Firm shall in no way whatsoever be impaired, curtailed, affected or prejudiced in consequence of any concession made, or indulgence granted in respect of time or anything else, by the Firm to you in respect of your fulfilment of any obligation imposed by these Terms and Conditions.
Divisibility
Every term or condition is divisible from the other and any provision which is found to be inoperative, shall be severable from the remaining provisions, which remaining provisions shall be deemed to be the Terms and Conditions between you and the Firm.
Enforceability
If any term or condition shall be determined by any court or other competent authority to be illegal, invalid or unenforceable for any reason whatsoever and to any extent, the legality, validity or enforceability of the remainder of the provisions shall not be affected thereby, and each remaining term or condition hereof shall be valid and enforced to the fullest extent permitted by law.
Questions About These Terms?
If you have any questions about these Terms and Conditions of Engagement, please contact us before proceeding with your transaction.
Last updated: January 2025
MJ Kotze Inc | Attorneys | Conveyancers | Notaries