CONVEYANCING

Conveyancing deals with the transfer of immovable property, the hypothecation of immovable property by means of mortgage bonds and the execution of various other acts as regards to immovable property. Conveyancing also deals with the preparation of deeds and documents for registration or filing in the deeds registry system. The conveyancing process may only be executed by an admitted attorney who has completed an additional qualification to act as a conveyancer.

Our services include:
  • Transfer and bond registrations
  • Notarial services
  • Development projects
  • Facilitation of all applications, hearings, appeals and general municipal assistance

THE CONVEYANCING PROCESS

The conveyancing process starts with the need by the owner of immovable property to either transfer such property to another natural or juristic person, or to deal with said property that will, in turn, create or diminish obligations or rights in respect of that property.

The most common form of conveyancing occurs by way of the buying and selling of property either by natural or juristic persons. Such a transaction is created by a buyer making a formal offer to the seller, for the purchase of immoveable property, in the form of an “offer to purchase” or a “deed of sale”. Upon acceptance of such an offer by the seller, a legally binding agreement is created between the parties and the conveyancing process will commence.

Upon acceptance of the offer, instructions will be sent to the Transferring Attorney as appointed in the “Offer to Purchase” or “Deed of Sale”. This agreement will provide on which date the purchaser will have to furnish the Seller’s Conveyancer with suitable guarantees (either in the form of cash or confirmation of an approved loan from a recognised bank). The agreement may also provide for other suspensive conditions subject to the discretion of the Parties. If the property is bought without the Buyer having to secure a loan, the Transferring Attorney may continue with drafting the necessary documentation and obtaining clearance figures from the local municipality as well as transfer duty receipts from SARS.

In the event of the Buyer having secured a loan, the financial institution advancing such a loan will require that a mortgage bond be registered over the property to be purchased, in favour of the said institution. Upon approval of such a loan, the financial institution will appoint another attorney to tend to the registration of the bond.

The registration of the transfer, as well as the registration of the bond, is facilitated by two separate firms, and these registrations occur simultaneously. In the event of the Seller having a bond registered against his property, such a bond will also need to be cancelled. The cancellation of such a bond will be tended to by another attorney appointed by the bondholder (usually a bank). The cancellation of the bond will also be lodged and registered simultaneously to the transfer and bonds mentioned above.

FOR MORE INFORMATION, PLEASE

CONTACT US

.

ONLINE OFFER TO PURCHASE

Use the form below to get out
offer as purchase emailed to you.

In order for us to assist you efficiently,
kindly complete the contact form below
and we will get in touch with you as soon as possible.

THE CONVEYANCING PROCESS SUMMARISED

TRANSFER PROCEDURE



  1. Receive instructions
  2. Contact clients
  3. Obtain FICA documents
  4. Draft documents
  5. Request clearance from municipality
  6. Sign documents
  7. Request receipt/exemption from SARS
  8. Lodge to the Registrar of Deeds
BOND PROCEDURE


  1. Receive instructions
  2. Contact clients
  3. Obtain FICA documents
  4. Draft documents
  5. Provide guarantees
  6. Obtain proceed from the bank
  7. Lodge to Registrar of Deeds
BOND CANCELLATION PROCEDURE


  1. Receive instructions
  2. Contact clients
  3. Confirm cancellation amount
  4. Receive guarantees
  5. Lodge to the Registrar of Deeds
 

HOW AND WHEN SHOULD I CHOOSE MY ATTORNEY?

TRANSFER ATTORNEY

Traditionally it is the Seller’s prerogative to appoint a transferring Attorney* of his choice; however the parties may by mutual agreement appoint an attorney nominated by the buyer. Due to the fact that the buyer is responsible for the costs of the transfer, the buyer will prefer to appoint his own attorneys simply because this puts him in a better position to negotiate the said costs. This happens all the time. It should be noted that should a buyer wish to appoint his own preferred attorney, he should make sure the attorney’s details are included in the Offer to Purchase agreement.


*In KwaZulu-Natal, this is the buyer’s prerogative.

BOND ATTORNEY

As a general rule, the Bond Attorney is appointed by the bank that approved your home loan, however you still have the right to request that a particular attorney of your preference tend to the registration of your bond provided that such an attorney is on that bank’s list of conveyancers. Some banks are inclined to grant such requests to their clients.

 
DEVELOPMENT FACILITATION SERVICES

We provide a turn-key solution for developers and other property professionals alike. As part of our commitment to our clients we ensure that we come on board for the entire process from start to finish. We believe that our past successful projects will speak volumes on our behalf:

 

HOW AND WHEN SHOULD I CHOOSE MY ATTORNEY?

D
TRANSFER ATTORNEY

Traditionally it is the Seller’s prerogative to appoint a transferring Attorney* of his choice; however the parties may by mutual agreement appoint an attorney nominated by the buyer. Due to the fact that the buyer is responsible for the costs of the transfer, the buyer will prefer to appoint his own attorneys simply because this puts him in a better position to negotiate the said costs. This happens all the time. It should be noted that should a buyer wish to appoint his own preferred attorney, he should make sure the attorney’s details are included in the Offer to Purchase agreement.
*In KwaZulu-Natal, this is the buyer’s prerogative.

BOND ATTORNEY

As a general rule, the Bond Attorney is appointed by the bank that approved your home loan, however you still have the right to request that a particular attorney of your preference tend to the registration of your bond provided that such an attorney is on that bank’s list of conveyancers. Some banks are inclined to grant such requests to their clients.

 
DEVELOPMENT FACILITATION SERVICES

We provide a turn-key solution for developers and other property professionals alike. As part of our commitment to our clients we ensure that we come on board for the entire process from start to finish. We believe that our past successful projects will speak volumes on our behalf: