Unlock Your Property Dreams - What is Conveyancing? A Clear Definition Seamless Conveyancing with DVL Attorneys Why Choose DVL Attorneys as Your Conveyancer? Understanding the Conveyancing Process with DVL Attorneys Your Property Journey Starts Here
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Conveyancing is the legal and administrative process of transferring ownership of a fixed property from one person or entity to another. This process ensures that the title to the property is legally transferred without any issues.
A conveyancer is a specialist attorney who is responsible for the lawful transfer of a property. They are also responsible for managing the financial aspects of the transaction, such as collecting and paying transfer duty, and for ensuring the deed is registered correctly.
The conveyancing process can take anywhere from 2 to 3 months, but this can vary depending on various factors. Delays may occur due to waiting for bond approval, outstanding documents, or issues with municipal accounts and rates clearances.
The key stages typically include:
The main costs include:
By standard practice, the buyer is responsible for paying all conveyancing fees, including the transfer duty and Deeds Office fees.
A Deed of Sale is a legally binding written agreement between the buyer and seller that outlines the terms and conditions of the property sale. It's the primary document that initiates the conveyancing process.
A Deed of Transfer is a legal document that proves who the lawful owner of a property is. Once the conveyancing process is complete, the Deeds Office registers the new owner and issues this document.
If the Deeds Office finds any errors in the submitted documents, they will be rejected for rectification. The conveyancer must then correct the errors and resubmit the documents. This process will delay the transfer.
A suspensive condition is a clause in the Deed of Sale that suspends the agreement's effect until a specific future event occurs. For example, a common suspensive condition is that the sale is only finalized if the buyer's home loan is approved by a certain date.
Buying or selling property is one of life's most significant financial undertakings. At DVL Attorneys, we understand that navigating the complexities of property transfer can feel overwhelming. That's why our specialized Conveyancing team is dedicated to providing exceptional, seamless service, guiding you with clarity and expertise every step of the way. We're not just attorneys; we're your trusted partners in securing your property future.
The term "CONVEYANCING" describes the legal process whereby a person, company, close corporation, or trust becomes the registered and lawful owner of fixed property and ensures that such ownership cannot be challenged. It also encompasses the process of the registration of mortgage bonds. In South Africa, this intricate process can only be handled by a Conveyancer – an attorney who has passed a rigorous national conveyancing examination and is legally authorized to register fixed property transfers. This specialization is crucial for protecting the diverse interests of all parties involved and maintaining the high standards of our country's land registration system. While the seller typically appoints the Conveyancer, all aspects of the sale agreement, including this appointment, can be negotiated between the parties.
With DVL Attorneys, you gain a distinct advantage in property transactions. Our specialized and experienced Conveyancing team is renowned for its:
The conveyancing process, though detailed, is expertly managed by our team. Here's a simplified overview of what you can expect:
1. Valid Agreement of Sale: The journey begins with a legally binding written Offer to Purchase signed by both the buyer and seller. This document outlines critical terms such as the property description, selling price, payment method, occupation date, and any special conditions. We'll meticulously review this agreement to ensure it protects your interests.
2. Initial Documentation & FICA Compliance: Once the Deed of Sale is in hand, we immediately get to work. We'll request cancellation figures from the seller's bank (if applicable), obtain the Title Deed, and secure municipal figures for the Rates Clearance Certificate. Both buyer and seller will be required to sign necessary documents, including:
3. Bond & Cancellation Coordination: If a mortgage bond is involved, we liaise closely with the bond attorneys (appointed by the buyer's bank to register the new bond) and the cancellation attorneys (appointed by the seller's bank to cancel the existing bond). We ensure all financial obligations are legally settled.
4. Cost Management: We provide a clear breakdown of all costs, including Transfer Duty (or VAT), pro-rata rates and levies, and our Conveyancer's fees (which are prescribed by tariff). For bond registrations, we'll also detail stamp duty and bond registration fees. The seller is responsible for their bond cancellation costs and typically pays for compliance certificates (electrical, electric fencing, plumbing, gas).
5. Compliance Certificates: The seller is generally responsible for providing all necessary compliance certificates (e.g., electrical, electric fencing, plumbing, gas). We'll ensure these are in order before proceeding.
6. Lodgement at the Deeds Office: Once all documents are signed, costs paid, and certificates obtained, our conveyancers will lodge the complete set of documents at the Deeds Office. This includes transfer documents, and if applicable, mortgage bond registration or cancellation documents.
7. Deeds Office Examination & Registration: Deeds Office examiners meticulously review the documents for compliance. Once approved, the documents are "executed" by the conveyancers – usually within approximately eight working days of lodgement. Upon registration, the purchaser officially becomes the lawful owner of the property.
8. Finalisation & Proceeds: After registration, the balance of the purchase price (after cancelling any existing bonds and settling ancillary amounts) is paid to the seller. The original Title Deed, reflecting new ownership, is released by the Deeds Office and provided to the new owner, or retained by the bondholder if a mortgage is registered.
While the normal process takes on average six to eight weeks, complexities like subdivisions, servitudes, or interdependencies with other property sales can extend this. Rest assured, our team's extensive knowledge and accuracy ensure the process is managed efficiently, even when unforeseen difficulties arise.
Property transactions are significant milestones. With DVL Attorneys, you have a specialized, experienced, and dedicated team ensuring that your transfer is not just legal, but truly seamless and stress-free.
Ready to embark on your property journey? -Contact DVL Attorneys today for expert guidance and a smooth, secure conveyancing experience.