WHAT DO CONVEYANCING ATTORNEYS DO AND WHO APPOINTS THEM?

Ownership of immovable property is not obtained on signature of the offer to purchase or deed of sale or even on payment of the purchase price.

Ownership is obtained on registration of the property, into the buyers name, in the Deeds Registry Office.

Conveyancing is the legal process which takes place when lawful ownership is obtained of immovable property. This is to ensure security and certainty of an owner’s title to his property.

There are three attorneys involved in the buying / selling process:

TRANSFERRING ATTORNEYS

They transfer the property from the Seller to the Buyer and is appointed by the SELLER and represent the SELLER.

BOND REGISTERING ATTORNEYS

They register the bond over the property in favour of the bank that is financing the purchase of the property. They are appointed by the BANK granting the buyer’s home loan, and they represent the buyer and the bank granting the home loan.

CANCELLATION ATTORNEYS

They cancel the seller’s existing home loan on the property. They are appointed by and represent the BANK cancelling the seller’s home loan.

What can you expect from your Conveyancer?

• Protect the interest of the client at all times
• Inform the seller of the conveyancing procedure and keep parties informed on the progress of the transaction
• Do everything to register the transaction on or as close as possible to the date agreed for registration
• Meet with the parties to explain and sign the necessary documentation to conclude the transaction
• Prepare the deeds for lodgement at the Deeds Office
• Inform the parties of the transfer on date of registration
• Account to the seller for finances relating to the transaction