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  • The Conveyancing Process

  • Why should you be aware of what is involved in the conveyancing process?

    • You are able to speed up the process by obtaining the correct documents and information needed by the conveyancer.
    • The communication with the conveyancer is smoother and you are able to efficiently assist in the process. Conveyancers are not able to mislead you if they try to use feeble excuses for delays and if problems occur you are equipped to assist in solving these.
    • Your relationship with the conveyancer and paralegals will improve – you communicate more efficiently and they will have more respect for you if you are aware of what their responsibilities are. A good relationship with the conveyancer and paralegal will often lead to your property being registered quicker – never underestimate the value of this.

    Ultimately this leads to a smoother, faster transfer.

    In most transfers there are three processes involved:

    1. Registration of Transfer of the Property
    2. Registration of a Mortgage Bond
    3. Cancellation of Existing Mortgage Bond

    Registration of Transfer of the Property

    Drafting a new title deed and supporting documents required

    • The current title deed or a copy thereof is required. Generally the seller is asked to provide a copy of the title deed
    • The conveyancer requires the details of the purchaser – full name, identity number, marital status, marital regime / co., cc, trust name and identification number.
    • The conveyancer must also obtain a copy of the identity document, ck document, company documents or trust deed of the purchaser and seller.
    • If the purchaser/seller is married in community of property, a copy of the spouse’s identity document is also required.
    • If the purchaser/seller is married out of community of property the conveyancer needs to obtain a copy of the ante-nuptial contract.
    • If the purchaser/seller is a legal entity (co., cc, or trust) a copy of the identity document of the individual signing transfer documents on behalf of the legal entity must also be supplied to the conveyancer.

    Purchase price to be secured
    The conveyancer must:

    • Confirm deposits due by the purchaser are paid.
    • Obtain figures for cancellation of the sellers bond from the bank where the sellers bond is held.
    • Provide the bond attorney with the figures for bond cancellation and the balance of the purchase price.
    • Obtain guarantees for the purchase price and bond cancellation from the bond attorney.
    • Provide the bond cancellation attorney with the guarantee to cancel the seller’s bond.

    Secure payment of conveyancing costs and transfer duty / VAT from the purchaser

    • The Conveyancer needs to always inform the purchaser in advance of the transfer costs and transfer duty / VAT payable and receive such before the transfer can be registered

    Seller and purchaser to sign transfer documents
    The Conveyancer is required to:

    • Original FICA documents to be brought in by purchaser and seller
    • Contact the parties to remind them about their appointment and the
    • Documents they need to take with them


    Obtain a transfer duty receipt from S.A.R.S
    The Conveyancer is required to:

    • Provide S.A.R.S with a transfer duty declaration by the seller and purchaser
    • Make payment to S.A.R.S of the transfer duty/VAT
    • Obtain the purchaser and seller’s tax registration numbers
    • The Estate Agent needs to make sure their admin department provides the conveyancer, with a tax invoice for the commission or fees if applicable.

    Obtain a rates/levy clearance certificate
    The Conveyancer is required to:

    • Obtain a rates assessment from the rates department .
    • Obtain a copy of the seller’s levy statement or details of the managing agents
    • Obtain a levy assessment from the managing agents or body corporate for sectional title properties
    • Obtain the seller’s rates number (normally found on the electricity account)
    • Inform the purchaser of the approximate amount to be paid in advance for rates (usually three months) or levies (varies from 1- 3 months depending on the body corporate/managing agents.
    • Make payment of rates/levies in accordance with the assessment
    • Obtain an electrical and entomologist clearance certificate if the agreement calls for it
    • Obtain payment from bank and make payment of all costs due from the proceeds of the sale such as the electrician, entomologist and the Estate Agent.

    Registration of a Mortgage Bond

    Drafting a new mortgage bond and supporting documents
    The Bond registration attorney is required to:

    • Obtain details of the purchaser – full name, identity number, marital status, marital regime / co., cc, trust name and identification number.
    • Obtain a copy of the identity document, ck document, company documents or trust deed of the purchaser.
    • If the purchaser is married in community of property obtain a copy of the spouses identity document.
    • If the purchaser is married out of community of property obtain a copy of the antenuptial contract.
    • If the purchaser is a legal entity (co., cc, or trust) obtain a copy of the identity document of the individual signing transfer documents on behalf of the legal entity.
    • Obtain an instruction to register a mortgage bond.
    • Provide the bond attorney with the details of the transfer attorney.
    • Contact the purchaser to remind them about their appointment and the documents they need to take with them


    Purchaser will be required to sign bond documents and;

    • Original FICA documents to be brought in by purchaser.
    • Comply with all requirements in the bond instruction which may vary.
    • Some banks require electrical and/or entomology certificates, property insurance, life insurance etc

    The Bond registration attorney will:

    • Obtain guarantee requirements from transfer attorney
    • Arrange guarantees for purchase price and bond cancellation
    • Provide transfer attorney with all guarantees
    • Send documents to the bank and request confirmation to lodge
    • Send documents for collaboration with the transfer and cancellation attorneys, lodged in the Deeds Office and registration of the mortgage bond
    • Obtain confirmation form bank to register
    • Notify bank of registration so payment can be made in accordance with the guarantees

    Cancellation of Existing Mortgage Bond

    The bond cancellation attorney will:

    • Obtain instruction and figures from the bank to cancel the existing bond.
    • Obtain a guarantee from transfer attorney for cancellation of the bond
    • Draft a Consent to Cancel the bond and have it signed (some banks allow the conveyancer to sign the Consent to Cancel depending on the amount required to cancel the bond

    Send the Consent to cancel for collaboration with the transfer and bond attorneys, lodged in the Deeds Office and cancellation of the mortgage bond.

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