What Actually Goes Into A Property Transfer

When buying or selling a property, you enter the transfer-of-ownership or conveyancing process. While inevitable, this process can seem a bit daunting and is often misunderstood by buyers and sellers alike.

To ensure a smooth transfer, it is essential to understand the conveyancing process and have all the required documentation at the ready.

Following a signed sales agreement and bond approval, the appointed transfer attorneys (conveyancer) will start the process of cancelling the existing bond, registering the new bond and transferring the property.  

Once the guarantees have been secured, rates, and/or levies and transfer duty has been paid, and all the documents approved by the Bank, the conveyancer will submit the relevant registration documentation with the Deeds Office for transfer – making the purchaser the new owner of the property.

We have simplified the conveyancing process, to give you a better understanding of what goes into a property transfer.

1. After the seller has signed the sale agreement, the buyer needs to secure a home loan and/or pay a deposit. Typically, buyers will make use of established bond originators, who will help them obtain a mortgage bond.

1. The seller has the option of appointing a conveyancer (transfer attorney) to attend to the transfer.  The Conveyancer will call for the FICA documentation of both parties, together with any other documentation relevant to the transfer.  Application will be made to cancel the seller’s bond. The original Title Deed will be sent to the bond cancellation attorney and the cancellation attorneys will provide the transfer attorneys with the Banks requirements to cancel the existing bond.

1. Following all preparations by the transferring attorney, the buyer and seller will be required to sign the transfer documents.  After the papers have been signed, the transfer attorney will check that all the seller’s rates and taxes are up to date before lodging an application for a clearance certificate with the municipality.

1. The property buyer is liable for the transfer duty, which must be paid to the South African Revenue Services (SARS). The conveyancer will make this payment on behalf of the buyer and request a receipt from SARS e-filing.

1. The conveyancer will then submit all of the relevant documentation (including the new bond and old bond cancellation) to the Deeds Office. After ten working days, provided there are no adjustments or changes, the transaction will be successfully registered.

For this and much more property law advice visit our website or contact our expert conveyancing team today.