“A law firm built on relationships”
Experts in property services
Conveyancing
Once the home loan has been approved, what you need to do: Conveyancing is a process whereby immovable property (an erf, apartment, house, small holding or farm) is transferred from one person or company to another.
This process involves the drafting of a new title deed in the name of the purchaser, together with documents which have to be lodged and registered in a Deeds Office. These documents can only be drafted by a Conveyancer. A Conveyancer is an attorney who has knowledge of the Deeds Registries Act, the Sectional Titles Act and other acts and regulations pertaining to Conveyancing. The purchase of a new home can be both an exciting and complicated experience, especially if you are a first time buyer. Conveyancing is one of the areas of law that our firm specialises in. Our team are committed to giving excellent service at all times, always balancing the needs of both the seller and the purchaser.
We offer services in the registration of transfers and bonds, the cancellation of existing bonds, application for endorsement of existing title deeds, the recording of contracts in respect of sale of land in installments, the opening of a sectional title register, sectional title transfers and more.
The Registration and Transfer Process
Step 1: Document Assembly
The conveyancing attorney receives the deed of sale and all the necessary documents required to register the transfer of the property.
Step 2: Document Preparation
Once the home loan has been approved, the conveyancing attorney prepares the documentation for signature by all parties.
The papers that have to be signed are:
- Property transfer documentation
- Power of attorney – the seller needs to authorise the conveyancing lawyer to appear before the Registrar of Deeds on his/her behalf to register the transfer
- Insolvency and marital declarations
- Transfer duty declaration to be sent to SARS together with payment of transfer duties
- Bond registration documentation
- Power of attorney – the purchaser needs to authorise the conveyancing lawyer to register the bond in favour of the financial institution who granted the loan
- Insolvency and marital declarations
- Standard documentation from financial institution
Step 3: Payment of Conveyancing Costs
The conveyancing lawyer will prepare a statement of account detailing all transfer costs and bond registration costs that must be paid.
Step 4: Documents Lodged at the Deeds Office
The different lawyers involved with the property must liaise with each other to ensure that all documents are lodged simultaneously at the Deeds Office:
- Property transfer documents
- Bond registration documents
- Bond cancellation documents
Step 5: Property Is Registered
The conveyancer will lodge the documents that he has prepared for registration in the deeds office. If there is a bond to be registered the bond attorney will lodge the bond documents in the Deeds Office for registration simultaneously with the transfer documents. The Deeds Office will scrutinise the documents to ensure that they comply with all relevant legislation and regulations.
When they are satisfied, they inform the conveyancer that the transaction is ready for registration and thereupon, in the presence of the conveyancer and the Registrar of Deeds, the property is registered in the name of the purchaser. The bond is registered simultaneously.
Step 6: Purchase Price is Paid to The Seller
The parties are given final accounts reflecting the purchase price and all adjustments on, for example, rates, levies, occupational rent & any deposits or other amounts already paid.
Step 7: Title Deed Released The Property
The property is now registered in the buyer’s name. All financial arrangements are usually finalised within 24 hours of registration.
Contact Our Professionals
Should you require any assistance, you are most welcome to contact:
Neil Eastes
Neil offers trusted advice, personalised
service, and results you can count on.
Contact him today for professional
assistance in property selling.
Carli Lundy
Carli provides dedicated support and
legal expertise with attention to detail. Contact Carli for assistance with your property-related matters.
Debbie Nell
Debbie offers expert advice & support,
with a commitment to achieving
the best results. Contact her today for
professional, reliable assistance.
Neil Eastes
Neil offers trusted advice, personalised service & results you can count on. Contact him today for professional assistance in property selling.
Carli Lundy
Carli provides dedicated support and legal expertise with attention to detail. Contact Carli for assistance with your property-related matters.
Debbie Nell
Debbie offers expert advice & support, with a commitment to achieving the best results. Contact her today for professional, reliable assistance.
Request a Free Consultation
At Hough Bremner Inc, we offer a free consultation to discuss your legal needs and explore how we can assist you. Whether you’re facing a legal issue or need professional advice, our experienced team is here to guide you every step of the way. Contact us today to schedule your free consultation and take the first step toward resolving your legal matters.