As many of our loyal clients are aware, our firm is known for its expertise in all matters regarding litigation. We are proud to announce that we have broadened the scope of our services to include property law by the opening of our Conveyancing Department.
What is conveyancing?
Conveyancing is the legal process that takes place when lawful ownership is obtained of immovable property.
What do conveyancing attorneys do and why would you need one?
A conveyancer is an attorney who specialises in property law. To acquire the title of Conveyancer, such attorney must write and pass an additional examination which covers all aspects of the Deeds Registries Act, Sectional Titles Act and related legislation pertaining to the transfer of immoveable property.
What are the roles and duties of a conveyancer? and when would you encounter one?
All property law related matters, whether commercial or residential in nature, as well as matters relating to Deeds Office transactions, are attended to by a conveyancer. This means that you are likely to encounter a conveyancer when buying, selling, mortgaging, subdividing, consolidating or registering servitudes etc. over a property.
Why use a conveyancer?
As only a conveyancer may sign the documentation required to transfer or mortgage immovable property at the Deeds Office, they play an integral and important part of this process.
Buying property is one of the biggest financial commitments most people make and is often the most expensive asset they own, that is why a conveyancer’s specialised knowledge enables a smooth transaction as they take responsibility for the correctness of all documents submitted to the Deeds Office. South Africans are lucky that our deeds office property registration system is one of the best and safest in the world.
Who chooses the conveyancer and who pays the conveyancer?
In Gauteng, the Seller is entitled to elect the conveyancer that will attend to the transfer of the property, however, if mutually agreed by both parties, the Purchaser may choose the conveyancer.
The Conveyancer has a legal obligation to enforce the written agreement thus ensuring both parties compliance with the written conditions thereof.
The Purchaser pays the conveyancer’s costs, these being both the bond conveyancer’s costs and those of the transferring conveyancers. The costs are levied in accordance with the Law Society’s tariff guidelines.
What can you expect from your conveyancer?
A Conveyancer should:
- At all times protect the interest of his/her clients and in accordance with the signed Sale Agreement;
- Keep all parties informed of the progress on their transaction and inform both parties of the conveyancing procedure and processes;
- Advise the parties on the conditions of the Sale Agreement, especially regarding suspensive conditions and obligations;
- Advise the seller on the cancellation of his bond, any penalties, notice periods and other administrative charges which may affect the settlement figure;
- Obtain the seller’s written instructions before he/she, as the Conveyancer, issues any guarantees in respect of the transaction;
- Do everything in his/her power to register the transaction on or as close as possible to the date agreed to in the Sale Agreement;
- Advise both parties on their obligations in terms of their Sale Agreement, so as to ensure that the transfer is not delayed unnecessarily;
- Meet with both parties to sign the applicable documentation relating to the transaction
- Prepare the deeds for lodgement with the utmost care, so as to ensure that they minimise the risk of a rejection of the documentation by the applicable Deeds Registry;
- Inform both parties of the transfer on the date of registration;
- Account to both parties for finances relating to the transaction within two / three days following successful registration of the transaction in the applicable Deeds Registry.
For all your property transactions, our firm would be more than willing to assist you in making the transfer process as smooth as possible.