Frequently asked questions
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1.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.
2.Costs
2.1How are conveyancing fees calculated?
Most conveyancers use the Law Society of South Africa's guideline tariff, which is based on the purchase price or bond amount. VAT and disbursements are added. Our calculator shows an estimate, and we provide a written quote on request.
2.2When is transfer duty payable?
Transfer duty is paid to SARS before the transfer is lodged at the Deeds Office. Properties up to R1 210 000 are exempt. If the seller is a VAT vendor, VAT is included in the price instead.
2.3Do I pay anything upfront for other legal matters?
It depends on the matter. We'll explain the expected fees and any deposit at the first consultation, before any work starts.
3.Other matters
3.1Do I need an appointment?
Yes. Consultations are by appointment, either at our office in Cathedral Square, George, or online by WhatsApp call or Microsoft Teams. WhatsApp is the quickest way to arrange one.
3.2What should I bring to my first consultation?
Your ID and any documents related to your matter, such as court papers, contracts, letters or a charge sheet.
3.3Can you help me in Afrikaans?
Yes. Consultations are available in English and Afrikaans.
Talk to Leonore directly
WhatsApp is usually the quickest way to reach us.