Conveyancing

We can assist you with the transfer of a property and the process is called conveyancing. When instructed to attend to the transfer of a property, we immediately open a file, conduct a Deeds Office Search to establish ownership, to obtain details regarding bond/s registered over the property and any interdicts that may adversely affect the registration process. The Agreement of Sale is thoroughly checked regarding conditions of sale, deposit payable (if applicable),the amount for which a loan should be granted, occupation dates and whether the transaction will be subject to the sale of the Purchaser’s existing property.

To avoid delays, we call upon both Seller and Purchaser to provide us with all the relevant information/documentation that will be required to prepare transfer documents (identity documents, marriage certificates, income tax reference numbers, current rates and taxes account for the property concerned and proof of residence for both parties). We further apply for cancellation figures and a copy of the Title Deed of the property concerned from the existing bondholder and rates clearance figures from the relevant Council/Body Corporate/Home Owners Association.


The following circumstances may cause a delay in the registration process:
  • Shortfalls on the side of the Seller;
  • The Purchaser being unable to pay the deposit and costs timeously;
  • Delays on the Council’s side to issue rates clearance figures timeously;
  • Attachments/interdicts against the property;
  • Lost Title Deeds/Mortgage Bonds;
  • Disputes regarding occupation of the property or defects to the property;
  • Agreed delayed date of registration between the parties;
  • 90 Days notice period as required by most banks;
  • Transaction subject to registration of another transaction;
  • Transfer from an estate/insolvent estate/sheriff (repossessed property).

Documents required from seller and purchaser to assist in the registration process:

  • Identity Documents
  • Marital Status (marriage certificate / antenuptial contract / foreign marriage / marriage by customary law)
  • Income Tax Reference Numbers
  • Existing bond account number (if applicable)
  • Rates account / Body Corporate Levy Account (if Sectional Title)
  • Proof of residence
  • Identity Documents
  • Marital Status (marriage certificate)
  • Income Tax Reference Numbers
  • Proof of residence
  • Identity Documents
  • Marital Status (marriage certificate)
  • Income Tax Reference Numbers
  • Proof of residence
  • Banking details for purposes of completing debit order
Conveyancing
Conveyancing is the transfer of legal title of property from one person to another, or the granting of an encumbrance such as a mortgage or a lien. If you want to transfer an immovable property in South Africa you must have a valid contract, signed by both parties and it must then go through a process and only after the immovable property is registered in the deeds office in the name of the purchaser the process is complete.