• Conveyancing Lawyers in Cape Town

    Avoid Costly Delays:

    Relatively trivial disagreements over, for example, defects in the property or delays in making payments or furnishing guarantees, are generally mediated effectively by experienced conveyance attorneys, which could otherwise result in costly delays.

    Learn More

Welcome to Antonie van Wyk & Associates
Hands-on property transfers in Cape Town & Western Cape


Funds

to cover costs

Buyers of property should ensure that sufficient funds are available to cover all the transfer costs as stipulated in the purchase contract.

Certificate of Compliance in Property Transfer

Certificates

of compliance

Sellers of property should ensure that they obtain the relevant electrical, plumbing, gas and borer beetle certificates once the contract is signed.

Rates

up to date

The seller of a property should ensure that all the rates are paid up to date along with advance collections for rates and services.

Information

FICA in place

The conveyancer in any event, will require all the parties to ensure that their information is complete and up to date before payment is made.

The Conveyancing Process in South Africa

Antonie van Wyk & Associates is a results-driven a firm, striving for excellence.
  • The Conveyancing Process

    The conveyancing process entails the preparation and processing of documents required for the Court to transfer the rights of ownership of an immovable property from one person to another.

    The conveyancing process entails the preparation and processing of documents required for the Court to transfer the rights of ownership of an immovable property from one person to another. The entire conveyancing process hinges on the competency of the conveyancing attorneys. They are accountable and responsible for the transfer of large sums of money and to ensure that the correct procedures are followed during the entire conveyancing process. Property transactions are complicated and special knowledge and skills are required to accomplish successful property transfers.

  • Time Frame

    After an initial examination process of around six to nine working days from lodgement, the registration is finalised. It is however, subject to everything being in place, all costs being fully paid and monies due being either paid or secured by guarantee or bond.

    The time frame of a property transfer could be anything from a few weeks to months. Because the conveyancer is accountable and always at risk, a competent conveyancer will process the sale and transfer of a property in the shortest possible time frame to avert glitches and save cost.

  • Appointment of the Conveyancer

    Unless both parties agree otherwise, the transferring party, usually the seller of a property, appoints the conveyancer who is then responsible for overseeing and managing all legal aspects of the entire transfer-of-property process.

    Depending on the terms of the agreement, the buyer would normally pay the deposit into the trust account of the attorney and conveyancer (also referred to as property attorneys, transfer lawyers or conveyancing lawyers) who would invest the funds for the benefit of the buyer, until the date of transfer.

  • Possible Delays

    Many issues can delay or even invalidate a property transfer which the diligent and experienced conveyancer in most instances would easily spot and avert. These could include aspects such as non-performance by one of the parties, which may impede the transfer process.

    Relatively trivial disagreements over, for example, defects in the property or delays in making payments or furnishing guarantees, are generally mediated effectively by the experienced conveyancer but could result in delays.

Speak to an Expert

A smooth property transfer begins with the appointment of a conveyancer who knows how to manage the conveyancing process effectively and to resolve problems immediately if and when they arise.

 

  • "If you think hiring a professional is expensive, wait till you hire an amateur." Red Adair

Fast Forward your Property Transfer

by avoiding potentially costly pitfalls

  1. Buyers of unmovable property should ensure that sufficient funds are available to cover all the transfer costs as stipulated in the purchase agreement. Conveyancing attorneys in most instances, will refuse to register transactions until their fees are paid.
  2. Sellers of fixed property should ensure that they obtain the relevant electrical, plumbing, gas and borer beetle certificates immediately once the contract is signed. Electrical certificates of compliance are only valid for two years if no further electrical work was done to the property.
  3. As a condition for registration of a property transfer, the seller should ensure that all the rates are paid up to date along with advance collections for rates and services.
  4. It is in the interest of the seller that the date of the transfer of property, coincides with the date of occupation. The seller often allows for occupation before the transfer during which time an occupational rent is paid. It is during this period that the buyer sometimes spots defects unnoticed before, or just get second thoughts about the purchase. Buyers may then try to re-negotiate or look for loopholes to cancel the sale, which may not be legal but could still result in unnecessary delays.
  5. To ensure sufficient control on funds handled by the conveyancing attorney and to prevent delays resulting from incomplete information, conveyancers may require any of the following before making any payment:
    • • Proof of authorised signatory to the nominated bank account;
    • • Written instructions (both spouses, where applicable);
    • • In the event of changes to the nominated bank account for payment of funds, to visit the offices of the conveyancers in control with proof of ID to sign a new Authority for Payment (both spouses where applicable).
    • • Compliance with all Financial Intelligence Centre Act (FICA)
Read More

Contact Antonie van Wyk & Associates

Call or send us an email

Tel: 021-671 8876

Our offices are easily accessible and situated in Claremont.

Grove Building,<br />
				Cnr Grove Ave and Pearce Rd, Claremont

Antonie van Wyk & Associates
Room 20, Grove Building,
cnr Grove Ave and Pearce Rd,
Claremont,
7708
Cape Town

Int Tel:+27-21-671 8876

Or Send Us a Message

Complete the form below and please be sure to provide the correct details.


+ = (Are you human, or spambot?)