What’s Taking So Long? Conveyancing Delays Explained
You have found a great buyer, the sales agreement is signed, and you are ready to pack up and move into your new home. But wait, the transfer has not gone through yet.
Selling your home can be exciting, and buyers often want to move in as soon as possible. However, many processes need to be followed before a transfer can go through; this, coupled with potential delays, often ends in frustration.
To avoid unnecessary disappointment, it is important that both parties have clear expectations of the delays that sometimes go hand-in-hand with the conveyancing process.
CANCELLATION OF AN EXISTING BOND: 90 DAY NOTICE PERIOD
Most banks require a 90-day written notice of your intention to sell your property and cancel your loan. Therefore, we recommend that you notify your bank when putting your home on the market.
According to the National Credit Act, a bank is entitled to charge you a penalty fee if you cancel your bond before when you cancel before the loan period is up.
AMC HUNTER INC is on the panel of all the major banks and can notify the bank on your behalf and apply for cancellation figures prior to the sale of the property, thus shortening the notice period.
RATES CLEARANCE FIGURES: EXPEDITING THE PROCESS
The conveyancer will also request figures for rates, lights and refuse removal from the local municipality for the issue of a rates clearance certificate.
This process, which entails first applying for figures (amount required to be paid to obtain rates clearance), and then the actual issue of the certificate after payment of the requisite amount, can take up to 8 weeks if not longer depending on the municipality.
AMC HUNTER INC expedites this process by obtaining the seller’s municipal accounts and both seller and purchaser documentation as a first step in the transfer process and can do so even before the mortgage bond is approved so that timelines can run concurrently.
Homeowners must ensure that all utilities and rates are paid up to avoid unnecessary delays.
LOST TITLE DEEDS
Usually, the title deeds to a property are kept by the bank, and in the instance that there is no bond, the title deeds are kept by the owner. Where title deeds have been lost, the application must be made to the Deeds Office for a replacement deed, and this process can take up to 6 weeks. So, when you decide to put your property on the market make sure that you (or your bank) do have the original title deeds in possession.
At AMC HUNTER INC we can assist – the application to the Deeds Office can be made prior to the actual sale of a property. We can also check with your bank as to whether or not they are in possession of your original title deeds to the property.
If you would like to know more about the conveyancing process, or if you need a trusted transfer attorney for the sale of your property – get in touch with us on 031 309 5483 today.
