Here are the steps typically taken (by the transferring attorneys) to effect the transfer of property.

  1. Receive instructions to attend to the transfer (Agreement of Sale/ Offer to Purchase).

  2. As soon as the suspensive conditions in the sale agreement are fulfilled, we will request the original Deed of Transfer, original Mortgage Bond and the Cancellation Figures from the seller’s existing Bondholder. The Cancellation Figure is the amount which the existing Bondholder requires to be paid before it will cancel the Mortgage Bond currently registered over the property.

  3. Request a statement from the Local Authority setting out the Rates and Taxes payable for a period of approximately 3 to 5 months in advance. No transfer can be effected until the Registrar of Deeds is satisfied that the Rates and Taxes and other charges relating to the property have been paid up to the date of transfer. In the case of a Sectional Title Unit, a request is made to the Body Corporate or its Managing Agent for a statement setting out the levy clearance figures that needs to be paid in advance to obtain the Levy Clearance Certificate. If the property is situated in a Home Owners Association, a request is made to the Home Owners Association or its Managing Agent for a statement setting out the clearance figures that needs to be paid in advance to obtain the Consent to Transfer as required for lodgement at the Deeds Office.

  4. Obtain the relevant details and information from the Purchaser regarding the Institutions where the Purchaser applied for Mortgage Bond Approval and obtain payment of the Deposit in terms of the Deed of Sale (if applicable). Follow up on the fulfilment of the suspensive conditions.

  5. Once the Purchaser’s Mortgage Bond has been granted, GUARANTEES are requested from the Attorneys who are attending to the registration of the Mortgage Bond and the Transfer Documents are drawn. The GUARANTEES are letters from the Financial Institution concerned guaranteeing that payment of certain monies will be made on the date of registration of the property. One of the GUARANTEES is utilised to guarantee payment to the EXISTING Bondholder in respect of the Cancellation Figures referred to in (2).

  6. It is usually the Seller’s responsibility to furnish the Transferring Attorney with Certificates of Compliance, which may include electrical, plumbing, beetle, gas and electric fence system certificates.

  7. Call upon the Purchaser and the Seller to attend to the signature of the Transfer Documents, once drafted, to give effect to the transfer of the property. The Purchaser is required to pay the transfer duty, transfer fees and other costs at the time when the Transfer Documents are signed.

  8. Pay the transfer duty and apply to the Receiver of Revenue (SARS) for the Transfer Duty Receipt / Exemption as required for lodgement at the Deeds Office.

  9. Payment is made to the Local Authority of the Rates and Taxes as per the statement obtained in terms of (3) above in order to obtain the Rates Clearance Certificate as proof that such Rates and Taxes have been paid and as required for lodgement at the Deeds Office. In the case of a Sectional Title Unit, an undertaking is given to the Body Corporate or its Managing Agent that payment will be made to them in terms of the statement obtained in (3) above on the date of registration. Payment is made to the Home Owners Association as per the statement obtained in terms of (3) above in order to obtain the Consent to Transfer as required for lodgement at the Deeds Office.

  10.  Upon receipt of the GUARANTEES from the Mortgage Bond Attorneys, the GUARANTEES which are required to cancel the EXISTING Mortgage Bond are sent to the Attorneys attending to the cancellation of said Mortgage Bond.

  11. Once the Transfer Duty Receipt / Exemption, the Rates Clearance Certificate, the Levy Clearance Certificate (in the case of a Sectional Title Unit) and the Consent to Transfer (in the case of a Home Owners Association) have been obtained, arrangements are made with the Attorneys attending to the registration of the Purchaser’s Mortgage Bond and the Attorneys attending to the cancellation of the EXISTING Mortgage Bond to have all the documents lodged simultaneously in the Deeds Office.

  12. Once lodged, and after examination of the documents by the Deeds Office (which currently takes approximately 5 to 12 working days), the transfer and the mortgage bond will be registered and the EXISTING Mortgage Bond cancelled.

  13. Upon registration of the transfer in the Deeds Office, the Purchaser then becomes the registered owner of the property. The Mortgage Bond Attorney pays the mortgage bond proceeds to the Transferring Attorney, the EXISTING Mortgage Bond is settled, the Estate Agent receives his / her commission and the Seller receives payment of the balance of the proceeds from the sale after payment of all monies which has to be paid on behalf of the Seller. This normally takes place on the first working day after the registration date.