Buying a home? What a conveyancer actually does, and the questions to ask before transfer

Every property transfer in South Africa passes through the hands of a conveyancer, an attorney who has passed the specialised conveyancing examination. For most buyers and sellers, though, the process is a black box between signing the offer to purchase and getting the keys. CallMyLawyer, a free directory listing 855 firms that handle property and conveyancing, explains how it works.

Three attorneys, three jobs

A typical sale with a bond can involve three conveyancers:

• the transferring attorney, who registers the transfer and is usually appointed by the seller
• the bond attorney, appointed by the buyer's bank to register the new bond
• the bond cancellation attorney, appointed by the seller's bank to cancel the old bond

All three must lodge their documents together at the deeds registry for the area where the property is.

What the transferring attorney does

The transferring attorney checks the title deed and any restrictions. They obtain clearance certificates from the municipality and, in sectional title schemes, from the body corporate, and they arrange for transfer duty to be paid to SARS. They also prepare the transfer documents and arrange for the parties to sign. Once the deeds registry has examined the documents, the transfer is registered and ownership passes to the buyer.

Who pays what

The buyer usually pays the transfer costs, the transfer duty (if the price is above the SARS threshold) and the bond registration costs. The seller usually pays the bond cancellation costs, the clearance figures and the estate agent's commission. Ask for a written estimate of all costs before you sign.

Questions to ask

• How long do transfers in this area usually take, and what typically causes delays?
• How will I receive progress updates?
• When must I pay transfer costs, and into which account? Always confirm banking details by phone to protect yourself from fraud.

Compare local conveyancers

CallMyLawyer's town pages for property lawyers show the nearest deeds registry. The pages for property lawyers in Cape Town and property lawyers in Durban list local firms with researched profiles. The property and conveyancing guide covers transfers, bonds, sectional title and leases.

This article is general information and not legal advice.

About CallMyLawyer

CallMyLawyer (callmylawyer.co.za) is a free South African lawyer directory. It lists 1,073 law firms in 171 towns across all nine provinces, grouped into 20 practice areas, and 840 of those firms have a researched profile written from their own websites and official sources. The directory does not give legal advice and does not take a share of legal fees. CallMyLawyer is built and run by Mansa Digital (Pty) Ltd, a digital agency based in Roodepoort, Gauteng.