The Seller is entitled to appoint his own conveyancer to attend to the transfer. This however can be varied by agreement between the Purchaser and the Seller.

They are attorneys with a specialist qualification who by law are the only people entitled to attend to the transfer of immovable property. Conveyancing work is reserved for practicing conveyancers in order to vest them with the responsibility of ensuring that title to land cannot be challenged. They have to maintain a high standard of land registration.

The conclusion of a written agreement of sale is the first step in the conveyancing process. The agreement must be in writing and signed by both the Purchaser and the Seller. Verbal agreements in respect of sales of immovable property are not valid. Any amendments to the agreement must be in writing and signed by both parties to be valid, and binding on the parties.

If occupation does not take place simultaneously with transfer, then an occupation date should be fixed and agreement should be reached about rental payable by the Purchaser. Usually the contract contains a clause saying that this occupation isn’t a rental agreement.

All fixtures and fittings of a permanent nature form part of the sale and if any such fixtures are excluded then they must be listed in the agreement.

Most agreements of sale contain a “voetstoots” clause which means that the Purchaser must accept the property as he sees it and the Seller will not be responsible for any defects which manifest themselves after the date of the signing of the Deed Of Sale. This clause will however not protect the Seller if the Seller knew of such defects and failed to inform the Purchaser. Also remember provisions of the Consumer Protection Act.

Most Deeds Of Sale also place obligations on the Seller to provide an Electrical Compliance Certificate, Gas and a Woodborers’ Certificate. Most Deeds Of Sale provide that the Seller will, at his cost, provide the Certificates and will rectify any defects in the electrical installations in order to obtain such a Certificate. Likewise it is normally the Sellers responsibility to provide a Certificate from a firm of fumigation specialists to the effect that the property is free of wood destroying insects.

Sale agreements may also be subject to suspensive conditions. The most common are that the agreement is subject to the condition that the Purchaser obtains a bond from a financial institution or is subject to the Purchaser receiving the proceeds of the sale of another property to finance the purchase price. The suspensive condition must be clearly stated and a time should be fixed by which the condition must be fulfilled.

The transfer process normally takes approximately 6-8 weeks, but unfortunate sometimes this timeline has to be extended.

Conveyancing is a complex field requiring extensive knowledge, skill and attention to detail on the part of the Conveyancer. On average, the time taken to register the transfer of property, where a bond is involved, will be two or three months from the date that the conveyancer is instructed but unforeseen difficulties may cause the period to be extended.

The Purchaser is responsible for the transfer and bond costs of registration and also has to pay transfer duty to SARS, depending on the value of the property.

Please use our cost calculator to determine the amount that you will be liable for.

When an instruction is received, the Conveyancer will ask for the parties FICA documents to enable him/her to start preparing the documents.

The Conveyancer will attend to the drafting of the following:

• A Power of Attorney to pass transfer, which will empower the Conveyancer to attend to the transfer on the seller’s behalf;
• Declaration of marital status, identity number and solvency;
• Transfer Duty and/or Value Added Tax (VAT) declaration;
• A Rates Clearance Certificate from the relevant Municipality;
• If the property is sectional title or Home Owner Association, a levy clearance needs to be obtained from either the Body Corporate or Managing Agent;
• Cancellation figures if there is a bond on the existing property;
• The original Title Deed (held by the bank if there is a bond).

The Conveyancer will lodge the documents they have prepared with the Deeds Office for registration. If a mortgage bond is to be registered or cancelled, the Conveyancer attending to the registration of the bond will lodge their documentation simultaneously with the transfer documentation.

Two examiners in the Deeds Office will then examine the documents to ensure that they comply with all the relevant legislation and regulations. Once all documents are found to be in order and ready for registration, they are executed by the Conveyancer approximately eight working days after being lodged with the Deeds Office. On registration, the buyer becomes the legal owner of the property. Approximately 4 months after registration, the Title Deed will be released from the Deeds Office reflecting the new ownership. Normally, if there is a mortgage bond, the financial institution will keep the Title Deed in safe custody.

• The Seller (and spouse);
• The purchaser (and spouse);
• The institution who previously gave the bond to the seller (and the conveyancer acting on its behalf); i.e the Mortgage Bond to be cancelled;
• The Receiver of Revenue;
• The municipality or local authority;
• The institution who gives the new bond to the purchaser (and the conveyancer acting on its behalf); (the Mortgage bond to be registered);
• Estate agent;
• Body Corporate or Managing Agent if a Sectional Title;
• Home Owners Association;
• Conveyancer(s);
• Registrar of Deeds.

• Incorrectly completed agreements – Ensure full details are given and/or disclosed to the agent;
• Marital status not advised – Provide the agent with copies of ID documents, copies of marriage certificates or divorce order. Your marital status is a vital part of your description in the Title Deed or Bond;
• Insufficient funds to cover transfer and bond costs – Ensure that you are aware of all the costs involved and that you have made sufficient arrangements to cover them;
• Delays in payment of costs – Costs are usually payable on demand. Prompt payment of these can ensure speedy registration of your transaction;
• Bond application – Apply for the bond immediately upon having signed the sales documentation and arrange to sign documents as soon as you are contacted by the attorney to do so in respect of both the transfer and the bond;
• Contract not complied with – Be aware of your obligations in terms of the contract and comply with them, such as occupation dates, electrical certificates, issuing of guarantees timeously etc.;
• Make a full disclosure of all aspects that may cause delays – Details of all bonds registered over the property, any interdicts or servitudes of which you are aware.