Property Law Blog - Louwrens Koen

Property Law Blog - Louwrens Koen

Property Law Blog - Louwrens Koen

Property Transfer Process South Africa

Property Transfer Process South Africa

The Step by Step Property Process Transfer Guide in South Africa

Before Buying Or Selling Property - Do your own research -Make informed decisions

Buying or Selling Property are some of the most significant legal and financial decisions you will in your lifetime. We advise both parties to do their own research regarding important aspects regarding the property being bought or sold. we can assist. Get your conveyancer to scrutinise the Title Deed of The Property and do a desktop valuation of the property that also indicates the price trends in the area. A due dilligence may cost a few rands (R1000 - R1500) but may end up saving you hundreds of thousands of Rands. Never solely rely on averments made by a party to the agreement. If the factual statement is a essential element of your decision always check the correctness thereof. An Estate agent or Seller may for instance as an example aver to the fact that properties in this area is selling for X value. A quick desktop valuation of the property may dispell the value by showing a much lower average selling price of property in the area. Contact us should you want to get a quotation to do a basic due dilligence and desktop valuation of the property. This must be done before making the offer to purchase. Once accepted you cannot simply witdraw or renegotate the contract. Also see our articles on the list of factors to consider before buying or selling property. At least check the following factors before:

  • Zoning and allowed usage of the property.

  • Valuation of the property.

  • Restrictive or onerous conditions on the property.

  • Lease agreements, duration and current rental income of the lease if applicable.

  • Current Levies, Special Levies, Taxes, Municipal Rates.

  • Costs of acquiring and transferring the property. Click for Quotation


Offer to Purchase | Deed Of Sale

Entering into a binding Contract

Once signed by both the Purchaser and Seller the Offer to Purchase becomes a binding contract (Deed of Sale). Usually the purchaser makes an offer to purchase, which offer to purchase on written acceptance thereof becomes a binding contract between the parties. Click here to download a free comprehensive offer to purchase with a discussion and explanation of the basic conditions of an agreement of sale of fixed property. The contract must be in writing and signed by both the seller and purchaser to be valid and binding. Once signed the deed of sale must immediately be E-mailed or delivered to the conveyancing attorneys (transferring attorneys). Click here for a list of information and documents that must preferably be supplied to the conveyancing attorneys with the deed of sale.


Payment of deposit, securing balance of the purchase price and investment of deposits.

The purchaser pays the deposit (if applicable) to the conveyancing attorneys on demand or in terms of the contract. Depending on the amount the deposit or purchase price is invested with the written consent of the purchaser at a Financial Institution. The interest usually accrues to the purchaser.


Applying for Finance from a financial institution. (Bond origination or directly through your financial Institution).

If the contract is subject to the purchaser acquiring finance the purchaser applies for finance in person or through the use of a mortgage originator. Click here for the information and documentation needed to apply for finance or if we need to assist you in this regard. The financial institution grants an approval in principle (A.I.P), values the property and instructs the bond attorneys.


Applying for Cancellation Figures of the Existing Bond

The transferring attorneys apply for cancellation figures from the Sellers current bondholder (if any). It is essential that they have your bond account number to do this. Take note that in some instances early termination penalties may be payable.


Valuation of the Property.

The buyer's Bank sends out a evaluator to assess the value of the property, the buyer intends to mortgage. The Bank may also require that the property be inspected for beetle infestation (coastal properties).


Obtaining an Electrical and other Compliance Certificates.

The Seller must obtain an Electrical Certificate of Compliance, and supply it to the Transferring Attorneys. The Financial Institution that grants the new Bond over the property will also require such a certificate.


Final Grant of Finance

The buyer's home loan is granted, subject to the valuation and credit approval the Bank advises the Bond Attorneys to register a Bond Panel Attorneys discussion.


Request rates Clearance Certificate.

The Transferring Attorneys also request a Clearance Certificate for the Rates and Taxes from the Local Municipality.


Drafting Transfer Documentation.

The Transfer documents are then drawn up by the Transferring Attorneys once all the necessary information is obtained. The Transfer Documents include:

  • The Transfer Duty or VAT application to the South-African Revenue Service.
  • The Rates & Taxes Clearance Certificate. (from the Local Municipality) or the Levy.
  • Clearance Certificate (from the Body Corporate).
  • The Consent of the Bondholder (Bank which holds the current bond) to cancel the current bond.
  • Consents required in terms of conditions in the Title Deed (i.e. a right of first refusal waived by the interested party).
  • Power of Attorney
  • FICA declaration
  • Status Affidavits (Sovency and Marital status)

Requesting Guarantees

The Registering (Bond) Attorneys advise the Transferring Attorneys of the amount available for guarantees (the amount of the new bond over the property). The Transferring Attorneys then advise the Cancellation Attorneys to cancel the seller's bond, which is done upon receipt of the guarantees. Once the Transferring Attorneys receive the Title Deed and Cancellation Figures from the seller's bank, they send a copy of the Deed of Transfer and guarantee requirements to the Registering (Bond) Attorneys.


Payment of Transfer Costs.

Transfer Costs, with which the Transferring Attorneys pay the Rates and Taxes and Transfer Duty to the Receiver of Revenue and a Transfer Duty Receipt is issued. Click here to request a written conveyancing Quotation.


Signature of Bond Registration Documentation

The buyer's Bond Account and Supporting Documentation are prepared by the Registering (Bond) Attorneys.


Signature of Transfer Documentation.

The Purchaser and Seller sign the Supporting Documentation and pays the Bond Registration Costs to the Registering (Bond) Attorneys. The Transfer Documents are signed by Purchaser and Seller, with the Transferring Attorneys.


Guarantees

The necessary guarantees are prepared by the Registering (Bond) Attorneys and forwarded to the Transferring Attorneys, who prepare the bond documents for lodgement with the Deeds Office. The Transferring Attorneys then forward the guarantees to the Cancellation Attorneys, who get consent from the Bank (which currently has a bond over the property), to cancel the Seller's Bond.


Lodgement and Tracking in the office of the Registrar of Deeds

Once all the documentation is signed and all the costs are paid, the buyer's new bond documents, the transfer of the property (into the buyer's name) documents and the cancellation of the seller's bond documents are prepared by the respective attorneys and lodged in the Deeds Office - simultaneously.


The Registration Process in the Deeds Office

The Deeds Office takes approximately 7-10 working days to check all the documentation before they are ready for registration by all the attorneys on the same day.

• Preparation (Prep).
• Registration of the documentation in the office of the Registrar of Deeds on Registration.
• Payment of Guarantees and Final Statement of Account.

The Bank pays out the loan in accordance with the guarantees issued and the estate agent is paid the commission.


Why consider us to to transfer your property?

It’s simple! We have been doing it for over two decades and our knowledge of conveyancing comes from years of successful transfers. We can attend to the transfer of immovable properties anywhere in South Africa.

Buying or Selling Property Privately? We asssist the parties through the whole process

Contact us and we will assist with everything. From drafting the contract to transfer.

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