Once a property sale agreement is signed, many buyers and sellers think the hard part is over. But in reality, the legal process of transferring ownership is where the real work begins, and this is where conveyancing attorneys are not just helpful but legally required.
Without a conveyancing attorney, a property cannot change hands in South Africa.
What is the Transfer Process?
The transfer process is the legal act of changing ownership of a property from the seller to the buyer, recorded at the Deeds Office. This involves:
- Drafting transfer documents.
- Obtaining compliance certificates.
- Paying transfer duty to SARS.
- Lodging documents with the Deeds Office for registration.
Only attorneys with a conveyancing qualification can carry out these steps, ensuring that all laws are followed and the new ownership is properly registered.
Why Conveyancing Attorneys Are Essential
- Legal Compliance: Property law is complex. Conveyancing attorneys ensure contracts, certificates, and documents meet all statutory requirements.
- Protection of Interests: They protect both buyer and seller by confirming that the conditions of sale are met. For example, they’ll check that rates and levies are fully paid before registration of the transfer of the property.
- Managing Funds: Conveyancing attorneys hold deposits and purchase funds in a trust account, ensuring safe and transparent financial handling.
- Problem-Solving: Conveyancing attorneys identify potential problems early — such as restrictive title deed conditions — that could block the transfer.
What the Public Doesn’t Always Know
One little-known fact is that the seller usually chooses the transferring attorney, even though the buyer pays the fees. This makes it vital for buyers to ask upfront who the Conveyancer will be and ensure they are reputable. Another overlooked detail is timing: transfers can take 8–12 weeks on average, but delays happen if FICA documents, municipal rates clearances, or bond approvals are not provided quickly. Conveyancers often act as the project managers in these cases, pushing all parties to meet deadlines.
Beyond Paperwork
Conveyancing attorneys are more than administrators. They act as trusted advisors, explaining legal jargon, guiding clients through FICA requirements, and troubleshooting issues that can otherwise derail the deal. Their role is central to giving both buyer and seller peace of mind.
Final Word
Conveyancing attorneys are the linchpin of the transfer process, ensuring that property transactions are legal, secure, and properly registered. Without them, a sale simply cannot be finalised.
For smooth, stress-free transfers backed by professionalism and care, trust NS Xulu Inc. to manage your property journey from start to finish.
By Nompumelelo Xulu
