Recover Dreams: (PTY) LTD We are the Key to being approved or declined BUYERS MANDATE

1.1. Recover Dreams (Pty) Ltd is a company consisting of a consortium formed to advise and guide potential clients on methods of improving behavior in order to get their financial freedom back.

1.2. Recover Dreams (Pty) Ltd has affiliated partners consisting of debt counsellors, attorneys, bond originators and estate agents, who together assist in providing individual services under the Recover Dreams umbrella to individuals and entitieswho have a need of such services.

I/we,__________________________ (hereinafter the Buyer) hereby appoint RECOVER DREAMS (PTY) LTD ______________________________ ("the Representative") as our exclusive representative, subject to the terms and conditions set forth in this agreement. By appointing the Representative as the Buyers exclusive representative, we agree to conduct all negotiations for the purchase of any property through the affiliate estate agency and refer to the Representative and all affiliated partners all inquiries made to the Buyer about such properties from estate agents, sellers or others during the term of agreement. "Negotiation" as used in this agreement shall mean property shown, negotiated, or information requested by the Buyer through the Representative.

The Buyer desires to be advised and assisted in obtaining such advice and direction as may be required in in achieving sound practices of financial management of his/her income, expenses, debts and investments, and to be assisted in the purchase of immovable property for residential or investment purposes.

4.1. The Representative shall provide the Buyer with a meaningful explanation of the services offered and shall use its professional knowledge and skills to represent, through its affiliated partners, the Buyer in a diligent and effective manner to obtain debt clearances, clearing any negative debt history and to identify properties that are available for purchase and may be suitable to the Buyer. 4.2. The Representative shall introduce the Buyer to the Representative's affiliated advisors who will in turn assess the clients' current financial circumstances and provide guidance as to methods to adapt and implement to assist the client in his/ her financial wellbeing.

4.3. The Representative shall introduce the Buyer to its affiliated estate agency/ies who in turn will -

4.3.1. introduce the Buyer to all properties in the Buyer's price range currently on its books.

4.3.2. make contact with other estate agencies in the area to establish whether they have properties in the Buyer's price range currently on their books and introduce the Buyer to these properties.

4.3.3. contact the owners of properties in the area in which the Buyer expresses interest in purchasing property in an attempt to facilitate a sale.

5.1. The Buyer shall work exclusively with the Representative and its Affiliates during the term of this agreement by:

5.1.1. Providing all documents to the relevant affiliates required for each service offering.

5.1.2. Sign all relevant agreements with the specific affiliate for a specific offering.

5.1.3. Work together with the Representative and its affiliates to obtain the required outcome as discussed in the initial contact/meeting / interview.

5.1.4. Viewing any property only with the Representative or its affiliate agents and not with another real estate agent or seller; and

5.1.5. Exclusively allowing the Representative and/or its affiliate partners and agents to identify, negotiate for the Buyer or otherwise to represent the Buyer;

5.1.6. Refer to the affiliate partners all inquiries received in any form from any other debt counsellors, attorneys, bond originators, real estate agent other than the Representative's affiliate partners.

5.1.7. holding the Representative and its affiliated partners harmless from liability as a result of incomplete/inaccurate information provided to the Representative by Buyer or Seller.

5.1.8. holding Representative and its affiliated partners harmless from liability as a result of Seller's failure to provide a complete Seller's Property Condition Disclosure statement;

5.1.9. indemnifying the Representative and its affiliated partners against all claims, damages, losses, expenses, or liability arising from situations outside of the control of the Representative and its affiliated partners. 

5.2. Assist Representative and its Affiliated Partners in the process of identifying, negotiating and contracting to purchase or otherwise acquire by:

5.2.1. providing Representative and its affiliates with reliable information (including financial information and written authorization to obtain verification of funds) that the Representative deems necessary for the performance of this Agreement; and

5.2.2. making him/herself available to meet with the Representative's affiliated partners to do all things necessary, such as providing information, viewing of properties, being readily available to consult with and signing of documents, in order that the Representative and its affiliates to perform the promises of this agreement.

5.3. Provide Representative and its Affiliated partners the following information:

5.3.1.all information required to assess and assist with debt clearances,

5.3.2. all information required to assess and assist with bond applications, general nature, location, and requirements of desired property; and

5.3.4. price range, and other terms and conditions relating to desired property.

6.Compensation

6.1. The estate agent's fee shall be payable by the Seller in accordance with the Offer to Purchase agreement.

6.2. No fee is payable by the Buyer, provided that the Buyer adheres to the terms and conditions as set out in this agreement and affords the Representative's affiliated partners to assist the Buyer in purchasing an immovable property within the spectrum of the agreement term stipulated in clause 7.

7. Term

7.1 The Representative's and its affiliated partners authority to act as Buyer's exclusive agent under the terms of this agreement shall be for a period of 6 (six) months commencing The day after the client above has received the news that is affairs are in order.

8. Cool off Period

8.1. Acknowledgement by Buyer of direct marketing cooling off right. After being afforded an adequate period of time to understand and consider the matter the Buyer confirms that this mandate agreement

WAS NOT / WAS (delete appropriately and initial) concluded as a result of direct marketing on the part of the Agent.

8.2. In so doing the Buyer confirms the following:

8.2.1. That the Buyer has been informed of the fact that the Consumer Protection Act gives a cooling off right to consumers (such as the Buyer) who enter into agreements (including mandate agreements such as this one) as a result of direct marketing and that such consumers may without consequence cancel such agreements in writing within five working days of the date of signature thereof and;

8.2.2. That if the Buyer has confirmed that the Buyer has entered into this agreement as a result of direct marketing it is understood and accepted that it is the policy of the Agent to only commence the rendering of its service after the five working day period has elapsed; and

8.2.3. That if the Buyer has confirmed that the Buyer has not entered into this agreement as a result of direct marketing the Agent will be lead to believe that the Buyer does not have the right to cool off and will by virtue of such confirmation depart from the above policy and commence the rendering of the service immediately after signature hereof.

9. POPIA

The Buyer hereby agrees to provide the Buyer's personal information to the Representative on the express understanding that -

9.1. It constitutes the Buyer's consent, as required under Section 11(1a) of the Protection of Personal Information Act 4 of 2013 ("POPI")

9.2. The Representative's staff and its affiliated partners will have access to the Buyers personal details which have been furnished to them for the purposes of assisting the Buyer with the assessment of their financial position, assisting with the negative debt history clearances and for the purposes of assisting the Buyer obtaining an immovable property.

9.3. The Representative is authorised to release personal information to its preferred debt counsellors, bond originators, estate agents and agency, attorneys, South African Revenue Services, the financial institution investing funds, all relevant system service providers, solely for the purposes of assisting the buyer in clearing his/her credit record placing the Buyer in a position to purchase an immovable property. 9.4. The Representative will store the Buyers details as provided for and specified in terms of POPI from time to time.

In the event of either of the parties hereto ("the guilty party") committing a breach of any of the terms and conditions hereof, the other party ("the aggrieved party") shall have the right to call upon such guilty party in writing delivered to him or her to remedy such breach within 14 (FOURTEEN) days of dispatch of such notice and in the event of such breach not having been remedied within such period, the aggrieved party shall have the right without prejudice to any other legal rights or remedies he or she may have either in law or under this Agreement:

10. BREACH

10.1. to institute the proceedings forthwith for the specific performance of the obligations of the guilty party in terms hereof; or

10.2. to cancel this Agreement by written notice to the guilty party and to claim such damages as the aggrieved party may have suffered arising from such breach.

11. DISPUTE RESOLUTION

11.1. The Parties shall attempt to resolve any dispute arising from or related to this Agreement before initiating any legal proceeding or claim through negotiation betwe en their representatives within 15 (fifteen) days after notice of the dispute is given by either Party to the other Party, unless a Party would be harmed by a failure to act during the time that good faith efforts were made to resolve such dispute.

11.2. In the event that the dispute cannot be resolved through the aforesaid negotiations, either Party may institute legal proceedings in any court with competent jurisdiction.

11.3. In the event that a Party takes steps to enforce its rights under this Agreement or institute legal proceedings in a court of competent jurisdiction, the other Party shall be liable to pay all reasonable legal costs incurred by the aggrieved party, including those on the attorney and own client scale, costs of counsel on brief, tracing agent fees and collection commission.

12.NOTICES AND DOMICILIA  

12.1. All notices and any other communications whatsoever (including, without limitation, any approval, consent, demand, query or request) by either party in terms of this Agreement or relating to it shall be given in writing, and delivered by hand, or transmitted by electronic mail to the recipient party at its relevant address set out below:

12.2. In regard to the Representative, at:

:67 Coleridge Street, Farrarmere, Benoni, Gauteng

12.3. In regard to the Buyer, at:

Either Party may, by written notice to the other Party, change any of the addresses at which, or the designated person for whose attention those notices or other communications are to be given.

12.4. Any notice or other communication given by any Party to the other Party which - 12.4.1. is delivered by hand during the normal Business hours of the addressee at its specified address shall be rebuttably presumed to have been received by the addressee at the time of delivery; or

12.4.2. is transmitted by electronic mail to the addressee at the addressee's specified electronic mail address shall be rebuttably presumed to have been received by the addressee on the date of transmission as reflected on the sender's electronic mail records.

12.5. The Parties choose their respective physical addresses stipulated above, as their respective domicilia citandi et executandi at which all documents relating to any legal proceedings to which they are a party may be served. If that address is changed to another address which is not a physical address in the Republic, then the original address shall remain the domicilium citandi et executandi of the relevant party until it nominates a new physical address within the Republic in writing, to be its new domicilium citandi et executandi.

12.6. Notwithstanding anything to the contrary contained or implied in this Agreement, a written notice or communication actually received by the Parties from another, including by way of electronic mail, shall be adequate written notice or communication to such Party. 12.7. The Parties record that they may correspond via email during the currency of this Agreement for operational reasons and a formal notice required in terms of this Agreement may be given on concluded via email, however any formal amendment or variation of this Agreement may not be concluded by email and must be signed by both Parties in manuscript in order to be effected.

This agreement constitutes the entire contract between the parties with regard to the matters dealt with in this Agreement and no representations, terms, conditions or warranties not contained in this Agreement shall be binding on the parties.