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Property & Conveyancing

Transfers, bond registrations and sectional title work, handled by a qualified conveyancer who tells you where your transfer actually stands.

Buying or selling property is, for most people, the largest single transaction of their lives — and the one where the least is explained. A deposit is paid, documents are signed, and then weeks pass with no word.

We work differently. Your transfer is handled by an admitted conveyancer, and you are told what stage it has reached, what is holding it up, and who is being chased.

What a conveyancer actually does

A conveyancer is an attorney who has passed a further national examination and been admitted by the High Court to pass transfer of immovable property. Only a conveyancer may lodge a deed in the Deeds Office.

The work is part legal, part logistical. We draft and sign the transfer documents, obtain the transfer duty receipt from SARS, secure rates clearance from the municipality and levy clearance from the body corporate or homeowners association, liaise with the bond attorney and the cancellation attorney, and lodge the batch in the Deeds Office — where it is examined, and either registered or rejected on a query that has to be cured and re-lodged.

Sectional title and estates

Sectional title transfers carry their own requirements: a levy clearance certificate from the body corporate, a conduct rules check, and — where an exclusive use area such as a parking bay or garden is involved — a cession registered alongside the transfer. Property inside a homeowners association usually requires the association’s written consent to transfer as well.

These are the details that quietly derail a transfer when nobody is watching for them.

Bonds

If you are financing the purchase, your bank appoints an attorney to register the bond, and that registration must happen simultaneously with the transfer. If the seller has an existing bond, a third attorney cancels it. Three firms, one Deeds Office lodgement, and every one of them has to be ready on the same day.

Coordinating that is the part of conveyancing that most affects your timeline, and it is the part we treat as our responsibility rather than the bank’s.

Process

How a conveyancing matter actually runs

Honest stages and honest timing, including the parts that are not within our control.

  1. Deed of sale signed

    The offer is accepted and the transaction becomes binding, subject to whatever suspensive conditions the agreement contains. Read the bond clause carefully — its exact wording decides whether the sale stands.

    Day 0Waiting on: Buyer and seller
  2. We are instructed

    The transferring attorney is appointed and the file is opened. We request the title deed, the existing bond details and the municipal account.

    Days 1-5Waiting on: Estate agent and seller
  3. Documents signed and FICA completed

    Both parties sign the transfer documents and provide the verification the Financial Intelligence Centre Act requires. This is the step most within your control, and the one that most often stalls a file.

    Weeks 1-3Waiting on: You
  4. Bond approved and bond attorney instructed

    The buyer's bank issues its grant and appoints its own attorney to register the bond. Registration must happen simultaneously with the transfer.

    Weeks 2-5Waiting on: The buyer's bank
  5. Rates and levy clearance

    The municipality issues a clearance certificate only once rates and services are paid several months forward. Sectional title adds a levy clearance from the body corporate. This is the most common source of delay, and none of it is within our control.

    Weeks 3-8Waiting on: Municipality and body corporate
  6. Transfer duty paid

    SARS issues the transfer duty receipt once the duty is paid, or an exemption receipt where VAT applies instead. No deed can be lodged without it.

    Weeks 4-8Waiting on: SARS
  7. Lodgement at the Deeds Office

    Transfer, bond and cancellation are lodged together as one batch. If any one of the three firms is not ready, none of it lodges.

    Week 7-9Waiting on: Us
  8. Registration

    The Deeds Office examines the batch and either registers it or raises a query that must be cured and re-lodged. On registration, ownership passes and the proceeds are paid over.

    Weeks 8-12Waiting on: The Deeds Office

Timings are typical, not promised — every matter has its own facts. What we do promise is that you will always know which stage yours has reached.

Common questions

Who chooses the conveyancer?

By long-standing convention in South Africa the seller nominates the transferring attorney, because the seller carries the obligation to deliver transfer. That nomination is usually written into the offer to purchase, so it is worth reading that clause before you sign it. The buyer's bank separately appoints the attorney who registers the bond.

What is transfer duty, and do I have to pay it?

Transfer duty is a tax payable to SARS by the buyer on the value of the property, calculated on a sliding scale, with properties below the annual threshold exempt. Where the seller is a registered VAT vendor and the sale attracts VAT, transfer duty is not payable — VAT applies instead. We confirm which applies to your transaction before you commit to a figure.

Why does the municipality hold things up?

No property can be transferred without a rates clearance certificate, and the municipality issues one only once it has received payment of rates and service charges projected several months forward. Delays in obtaining clearance figures are common. We apply early and follow up in writing so the delay is visible rather than silent.

When do I get the keys?

Occupation and registration are two different dates. Occupation is whatever the deed of sale says, and if you take occupation before registration you will usually pay occupational rent. Ownership passes only on the day the transfer is registered in the Deeds Office.


Talk to us about conveyancing

Tell us what you need in a sentence or two. You will hear back from the attorney handling it, not from a call centre.

We reply to every enquiry within one business day.

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