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
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…
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Make sure the conveyancing attorney has the correct details of your existing bond account.
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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.
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Ensure you are up to date with your rates and water and lights or levies payments, as may be applicable.
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Make sure your tax affairs are in order at SARS, since they can block the transfer process.
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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.
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If it is a conventional property, he should be given a recent copy of your municipal rates statement.
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Budget for the following expenses on your side:
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your portion of rates/levy clearance
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bond cancellation costs of app. R 4000,00 per bond.
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costs for obtaining electrical compliance cert.
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estate agent’s commission
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transfer costs if it is payable by seller in terms of the contract
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Provide the conveyancing attorney with details of the Bank account where net proceeds is to be deposited or transferred.