CONVEYANCING

Conveyancing involves the sale and transfer of property, the preparation of deeds and documents for lodgement and registration throughout the country.

Taking the Pain out of Conveyancing…… Go with the Professionals….. Contact Us Now.

As experienced conveyancers we offer :

• Specialised deceased estates transfers and endorsements to existing title deeds.

• Sale transfers.

• Sectional Title transfers.

• Preparation and registration of mortage bonds.

• Cancellation of mortage bonds.

• Establishments of townships.

• Subdivision and consolidation of properties.

• Opening and registration of sectional title registers.

• Drafting of commercial and private sale agreements.

• Registration of notarial deeds, servitudes, personal rights, notarial mortage bonds and leases.

• Preparation of commercial and private lease agreements.

Most people rely on an estate agent to sell their property. However, in view of the high commission (approximately 7,5% of the purchase price plus VAT) involved more and more people are considering alternatives such as marketing their property and selling it themselves by private sale.

Appointment of Conveyancer

As a seller, be aware that you are not obliged to use the conveyancer recommended by the estate agent. You, as the client are entitled to appoint your own conveyancer. It is convention in South Africa that the Seller appoints the conveyancer although it is possible for the parties to agree that the Purchaser may appoint the conveyancer. This can however lead to a conflict of interest if the Purchaser breaches the contract.

Since the conveyancer is appointed by the Seller as a general rule then the Purchaser should bear in mind that no one is acting in the interests of the Purchaser during the course of the transaction. The estate agent if there is one, has been appointed by the Seller to procure the best price for the property for the Seller and the conveyancer has been appointed by the Seller to effect the transfer from the Seller to the Purchaser. It is wise for a purchaser to have an attorney or conveyancer of their choice to peruse the Sale Agreement before they actually submit the offer to the Seller. Once the offer is signed and accepted then all of the legal rights and obligations have already been created and it is not possible to rescind from the offer to purchase.

Private Selling

Should you wish to sell yourself you will find that the process is far simpler than one would expect. Estate agents bring two factors to a property deal namely, negotiating skills and a market place. Many people have sufficient negotiating skills and are able to successfully negotiate a fair price without the assistance of an estate agent. Obviously the saving on commission allows greater flexibility on price. As far as the market place is concerned, most estate agents in Gauteng advertise on various property websites such as Private Property etc.

Other Factors

Other important factors to consider as regards the content of the Sale Agreement include other legal obligations such as electrical compliance certificates and it is therefore advisable for both Seller and Purchaser to contact an attorney before signing any documents. Should you have any queries please do not hesitate to contact us.

Senior Managers on this Area

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Kevin Baard

Associate - LLB cum laude