Can a mandate be signed electronically?

Yes. A mandate is not among the documents the Electronic Communications and Transactions Act excludes, and the Code of Conduct accepts electronic signature of a sole mandate. Sign on your phone and the agent keeps the PDF.

How long can a sole mandate run?

The Consumer Protection Act treats a sole mandate as a fixed-term agreement, with a maximum term of 24 months, and the seller may cancel on written notice, usually 20 business days, which may carry a reasonable cancellation charge. Check the mandate's own cancellation clause.

What is the difference between sole and open?

A sole mandate gives one agency the right to sell for the mandate period; a sole and exclusive mandate also stops the seller from selling privately; an open mandate lets several agencies market the property, and the one that is the effective cause of the sale earns the commission.

Can the agency send me the mandate to complete?

Yes. The agent keeps the mandate as a template in DocFilla, fills the agency's part once, and sends each seller their own copy to complete and sign.

Property

Fill in a sale mandate online

Upload the agency's mandate and DocFilla fills the seller's details, the property and the agent's lines. A sole mandate must be in writing, signed, with a calendar expiry date.

A mandate is the seller's written instruction to an agency to sell the property, with the asking price, the commission and how long the agency has. Sole and exclusive mandates have to be in writing and signed, with their expiry recorded as a calendar date. DocFilla fills the parts that are the same on every mandate and leaves the price and the dates for you and the agent.

About 10 to 20 minutes with your details saved

Upload your sale mandate

How it works for this form

1
Upload the agency's mandate form. Most are flat PDFs with underscored lines that DocFilla reads from the printed layout.
2
The seller's names, ID number, marital status, address and contact details fill from My details. The property description, the asking price, the commission and the expiry date are typed in.
3
Sign on your phone or on the agent's tablet. The agent gives you a copy of the signed mandate.

What the form asks for

Seller's full names, ID number and marital status, and both spouses where the marriage is in community of property
Property description, erf number and physical address
Asking price and the lowest price the seller will accept
Commission, as a percentage or an amount, and whether it includes VAT
The type of mandate: sole, sole and exclusive, or open
Start date and the expiry date, as a calendar date
The agency's and agent's details, including the agent's Fidelity Fund certificate number
Seller's signature, the agent's signature and the date

What to attach

A copy of the seller's ID
The title deed, or the deeds office description of the property
The seller's mandatory disclosure form, completed before the mandate
A rates account, so the agent has the account number

Mistakes people make

Writing a duration such as 'three months' instead of a calendar expiry date. The Code of Conduct requires the date itself.
Not saying whether the commission includes VAT.
Signing a mandate that renews itself. Any extension needs its own signed agreement.
Forgetting that the disclosure form must be completed before the agent accepts the mandate.

Questions about this form

Can a mandate be signed electronically?: Yes. A mandate is not among the documents the Electronic Communications and Transactions Act excludes, and the Code of Conduct accepts electronic signature of a sole mandate. Sign on your phone and the agent keeps the PDF.
How long can a sole mandate run?: The Consumer Protection Act treats a sole mandate as a fixed-term agreement, with a maximum term of 24 months, and the seller may cancel on written notice, usually 20 business days, which may carry a reasonable cancellation charge. Check the mandate's own cancellation clause.
What is the difference between sole and open?: A sole mandate gives one agency the right to sell for the mandate period; a sole and exclusive mandate also stops the seller from selling privately; an open mandate lets several agencies market the property, and the one that is the effective cause of the sale earns the commission.
Can the agency send me the mandate to complete?: Yes. The agent keeps the mandate as a template in DocFilla, fills the agency's part once, and sends each seller their own copy to complete and sign.