The process of transferring property

All documents have been signed and the property has been sold – now what?  In the process of selling a property, a vital aspect that the seller needs to consider is selecting the right attorney for the job. 

This is according to Adrian Goslett, CEO of RE/MAX of Southern Africa, who adds that choosing the right attorney with specific experience in the transferring of property can expedite the process and make sure that it happens within the shortest possible time.
“During the transfer and registration process it is common practise that three different conveyancers are used, namely the bond attorney, the bond cancellation attorney and lastly the transferring attorney,” Goslett explains. “Each of the attorneys has a specific role that they will play in the process. For example, the bond attorney acts on behalf of the bank or financial institution that is providing the finance to the purchaser. Once the buyer has been approved for finance, the bond attorney is responsible for registering the bond in the buyer’s name.”
He adds that the role of a bond cancellation attorney is to cancel the bond of the current bondholder on the property. The buyer’s financial provider will issue a guarantee for the outstanding bond amount. Once this has happened, the bond cancellation attorney will proceed to cancel the current bond on the property, which is in the seller’s name. In most cases, the financial institution will appoint the bond and cancellation attorneys; however it is normally the seller that is able to nominate the transferring attorney. The transferring attorney will handle the final stage and co-ordinate the simultaneous lodgement of the deeds for transferring the property from the seller’s name into the buyer’s name. In some occasions it is possible to nominate the transferring attorney to act in the capacity of one of the other roles as well, which will further speed up the process.
“It is rare that there will be too many issues with the transfer process and it is generally a fairly smooth procedure, provided of course that the selected attorney has conveyancing experience,” says Goslett. “The majority of attorneys will be able to provide the service, however not all will have vast amounts of experience in the conveyancing field. It is always advisable to use an attorney that handles conveyancing on a daily basis as it is a complicated series of tasks that requires in-depth knowledge around the process.”
As there is a recommended rate for the legal fees charged for the transferring process which is based on the value of the property and should be fairly similar from one firm to the next, it makes sense to rather find the best attorney for the job. Extensive experience in this area of law for which you require their services is a critical element, however it is also important that the seller is comfortable with their choice and trusts their attorney. Working with a reputable, experienced attorney will ensure that the process is as quick and hassle free as possible.  
“On average the process can take around three months, starting from the date of sale and ending with the property being registered in the new owner’s name. That said, there are a few external factors that could postpone the process. These could include obtaining clearance certificates or the fulfilment of a stipulated condition in the contract.  According to South African law, a property can only be transferred once all municipal charges and associated costs have been paid in full to the relevant parties. Once this is done, a rates clearance certificate will be issued by the local council. The seller may be required to pay a few months in advance to obtain the certificate, however any credit on the account at the date of transfer will be refunded,” says Goslett.
He notes that the transfer process is required to satisfy the necessary criteria of several regulatory institutions such as the Financial Intelligence Centre Act (FICA), the Transfer Duty Act and the Value Added Tax Act for the South African Revenue Service (SARS) and the Municipal Property Rates Act. 
According to Goslett, buyers can prepare for the property transfer by getting the following documentation in order:
- A proof of address (not older than three months)
- A certified copy of their identity document
- Their income tax number.
- Declaration in respect of marital and solvency status
- Particulars concerning the identity of the attorney transferring the purchasers property if the purchaser is utilising the proceeds to pay for his purchase
- Particulars of the bond granted

These documents will be needed to meet the FICA requirements.
Sellers can also assist in accelerating the transfer process by having the following documents in order:

- Declaration in respect of marital and solvency status
- Particulars of bond holder (account number)
- Valid electrical wiring certificate
- Valid electrical fencing compliance certificates (if relevant)
- Valid gas compliance certificates (if relevant)
- VAT declaration (if applicable)

“Selecting the right attorney and having all the necessary documentation at hand before the start of the process will ensure that everything progresses without incident,” Goslett concludes.

  Comment on this Article

  Please login to post comments

Post to my facebook wall
Characters remaining

    Latest Property News
    • 19 Jan 2018
      Extending from Randfontein in the west to Roodepoort in the east and including the towns of Krugersdorp and Magaliesburg, the West Rand has a plethora of property available to residents who choose to make this unique area their home.
    • 19 Jan 2018
      When it comes to financial planning, doing the work to ensure you’re prepared for unexpected emergencies is just as important as ticking off your other goals and New Year’s resolutions. The beginning of the year is also the perfect time to review your various insurance policies.
    • 19 Jan 2018
      No surprises at the first Monetary Policy Committee of 2018, as Reserve Bank Governor, Lesetja Kganyago, announced that the interest rates would stay at their current levels.
    • 18 Jan 2018
      The Southern Suburbs make up some of the most popular residential areas in Cape Town, comprising charming groups of suburbs which lie to the south-east of the slopes of Table Mountain. It is seen as the city's most expensive residential neighbourhoods with a choice of various private schools, upmarket eateries, wine estates, beautiful homes and trendy apartments.
    • 18 Jan 2018
      New year, new goals! If you’ve resolved to purchase your first property in 2018, then this 6-step guide from the Rawson Property Group is a must-read. It will help you navigate and simplify what is often be seen as a confusing process of buying your first home – right from the house-hunt to the house-warming.
    • 17 Jan 2018
      While the current property market may still favour buyers, it doesn’t mean that they shouldn’t be well prepared before putting in an offer to purchase.
    • 17 Jan 2018
      Lightstone lists Blair Atholl as the most expensive suburb with an average house price of R11.2 million, followed by Westcliff (R10.5 million), Dunkeld (R9.3 million), Sandhurst (R9.1 million) and Inanda (R7.2 million).
    • 17 Jan 2018
      As it currently stands, there are four main ways in which a home can be bought in South Africa, says Adrian Goslett, Regional Director and CEO of RE/MAX of Southern Africa, who adds that deciding in which legal entity to purchase the property is not a decision that should be entered into lightly, as each has its pros and cons.
    Subscribe to the MyProperty Newsletter

    Last Name  
    Email Address  
    Email Frequency
    Share this Page

    For Sale Property
    Rental Property
    More Options
    Connect with us