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LSAL Swart
Attorneys Inc.
§ 01Conveyancing

Property transfers, bonds and cancellations

Leonore prepares each transfer herself, from the transfer documents through to registration. Where the Deeds Office for the property's area is outside the region, a correspondent conveyancer handles lodgement there, while she oversees the transfer from start to finish.

Transfers already handled in: George · Mossel Bay · Swellendam · Johannesburg

§ 01Conveyancing

1.1

Property transfers

Residential, sectional title, farm and vacant land transfers, including the deed of sale, transfer duty and municipal clearance.

  • Deeds of sale and addenda
  • Transfer duty declarations to SARS
  • Rates and levy clearance certificates
  • Transfers between spouses, trusts and companies
1.2

Bond registration

Registration of new and further bonds, coordinated with the transfer so both lodge at the Deeds Office together. The bank chooses the bond attorney, so you are welcome to ask your bank to appoint L Swart Attorneys.

  • Bank instructions and guarantees
  • Signing of bond documents
  • Simultaneous lodgement with the transfer
1.3

Bond cancellations

Cancelling a bond once it is settled, or when you sell, so the title deed is clear for the next owner.

  • Cancellation figures from the bank
  • Consent to cancellation
  • Lodgement with the related transfer
The process

What happens after you sign the offer

A typical transfer follows these steps. Every matter is different, and we keep you updated at each one.

  1. Instruction

    The signed offer to purchase reaches the transferring conveyancer, traditionally appointed by the seller unless the parties agree otherwise.

  2. Documents & FICA

    Buyer and seller sign the transfer documents and provide proof of identity and address.

  3. Bond & guarantees

    The buyer's bank approves the loan and issues guarantees for the purchase price.

  4. Duty & clearances

    Transfer duty is paid to SARS and the municipality issues a rates clearance certificate.

  5. Lodgement

    Documents are lodged at the Deeds Office for the property's area, for example Cape Town for the Western Cape.

  6. Registration

    The Deeds Office registers the transfer and ownership passes to the buyer.

From signed offer to registration usually takes about two to three months, depending on bond approval, clearances and Deeds Office volumes.

Be prepared

What you'll usually need

Buyers

  1. a.Certified copy of your ID
  2. b.Proof of residential address (not older than three months)
  3. c.Income tax number
  4. d.Marriage certificate or antenuptial contract, if married
  5. e.Bond approval letter, if applicable

Sellers

  1. a.Certified copy of your ID
  2. b.Proof of residential address
  3. c.Income tax number
  4. d.Bond account details, if the property is bonded
  5. e.Compliance certificates (electrical and others that apply)

What will it cost?

Use the calculator for an estimate based on the current SARS transfer duty rates, the LSSA conveyancing fee guideline and Deeds Office fees. For a formal quote, send the purchase price and property details on WhatsApp.

Calculate transfer costs
FAQ

Conveyancing

1.1Can you transfer a property that isn't in George?

Yes. A conveyancer can register property anywhere in South Africa. Where the Deeds Office for the property's area is outside the region, we work with a correspondent conveyancer for lodgement, and you deal with Leonore throughout by phone, email and WhatsApp.

1.2Who appoints the conveyancer?

The appointment of the transferring conveyancer is a matter for the seller and purchaser to agree on. Traditionally, the seller makes the appointment, but there is no legal requirement that the seller must do so. The conveyancer may be appointed by agreement between the parties, or the purchaser may make the appointment of their preferred conveyancer a condition of their offer to purchase. An executor selling property on behalf of an estate should likewise ensure that the appointment is properly agreed upon and authorised.

An estate agent may recommend a conveyancer but does not have the authority to dictate the appointment. As the purchaser ultimately bears the transfer costs, the purchaser is entitled to negotiate the appointment as part of the transaction.

If you would like L Swart Attorneys Inc. to handle your transfer, you are welcome to request our appointment when negotiating or signing the offer to purchase.

1.3How long does a transfer take?

Usually about two to three months from the signed offer to registration. Bond approval, clearance certificates and Deeds Office volumes all affect the timeline.

1.4Who pays the transfer costs?

Unless otherwise agreed between the parties, the buyer generally pays the transfer duty (where applicable), conveyancing fees and Deeds Office fees. The seller generally pays the costs of cancelling an existing bond, obtaining the rates clearance certificate and providing the required compliance certificates, unless otherwise agreed or applicable law provides otherwise.

Get in touch

Talk to Leonore directly

WhatsApp is usually the quickest way to reach us.

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