Johann Grobler

   & Associates

 A T T O R N E Y S , C O N V E Y A N C E R  & N O T AR Y

P R O K U R E U R S , A K T E B E S O R G E R  &

   N O T A R I S

Conveyancing

The term “conveyancing” refers to the process of transferring the property. The conveyancer is the attorney who is also qualified as a conveyancer and who has been entrusted to attend to the transfer. It is the Seller’s prerogative to nominate the conveyancer. Sometimes the Seller does not know a conveyancer and will allow the estate agent to propose or nominate one.

We will, where necessary, draw up the contract of sale of property (“Offer to Purchase”), which has to be in writing in terms of our law. Where estate agents are involved in putting together the transaction, they usually use their standard form. The Seller may still ask his conveyancing attorney to check the contract before he/she signs. Where we have been nominated as the Conveyancers, we do not charge a fee for checking the contract.

Most transactions are subject to the condition (called a suspensive condition) that a loan be obtained by the purchaser for a minimum amount within a specified time. Until the suspensive condition has been fulfilled, the transaction is hanging in the air.

We usually get instructions once the bond has been approved. We then immediately do a Deed Search and start drawing up the conveyancing documents and writing the necessary letters to get the finances and clearances in place.

What you as Seller can do…

• Make sure the conveyancing attorney has the correct details of your existing bond account.
• Be prompt in providing the conveyancing attorney with the required FICA documentation and information e.g. your income tax number and proof of your residential address that is less than three months old.
• Ensure you are up to date with your rates and water and lights or levies payments, as may be applicable.
• Make sure your tax affairs are in order at SARS, since they can block the transfer process.
• If it is a sectional title, make sure the conveyancing attorney has the contact details of the managing agents or chairman of the Body Corporate. If it is a conventional property, he should be given a recent copy of your municipal rates statement.
• If there has been any change in your name, marital status or identity number since the property has been registered in your name, make sure the conveyancing attorney has the details thereof  as soon as possible.
• Budget for the following expenses on your side:
• your portion of rates/levy clearance
• bond cancellation costs of app. R 2 000,00 per bond.
• costs for obtaining electrical compliance cert.
• estate agent’s commission
• transfer costs if it is payable by seller in terms of the contract
• Provide the conveyancing attorney with details of the Bank account where bet proceeds is to be deposited or transferred.

In broad terms it can be said that all conveyancing matters require certain documentation and certain financial arrangements. If the documents and the money are in place, then lodgement can take place at the relevant Deeds Office.

There are in a regular transfer of property matter about 48 different steps to be taken until the matter is finalised. Most of these steps are done concurrently. Some steps can however only be taken once the other steps have been finalised. The conveyancer can for example in most matters only request guarantees once he has received cancellation figures on the existing bond. He can only apply for a rates clearance certificate once he has received rates clearance statement  and the funds to pay the required  amount is available in his trust account.

Your Will:

Your Will is important, because it is your last say of what should happen to your belongings after your death. Untold hardship is often dumped on the surviving spouse, if he or she finds out that there has never been a proper Will in place. In some cases, there is unnecessary hardship even if there is a Will, because the Will has not been revised and updated although circumstances have changed.

Examples of such hardship:

The ex-spouse inherits because the deceased forgot to change his Will.

There is a dispute in the family of who should be the executor, causing delays in the winding-up process.

The wife has to buy out the children’s shares because the Intestate Succession Act is applicable since the deceased left no Will.

A Will is relatively inexpensive. Why not make an appointment with an expert to make sure it is in place. Nobody knows when it is his/her last day.