Buyers of property should ensure that sufficient funds are available to cover all the transfer costs as stipulated in the purchase contract.
Sellers of property should ensure that they obtain the relevant electrical, plumbing, gas and borer beetle certificates once the contract is signed.
The seller of a property should ensure that all the rates are paid up to date along with advance collections for rates and services.
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 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.
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.
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.
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.
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
Our offices are easily accessible and situated in Claremont.
Antonie van Wyk & Associates
Room 20, Grove Building,
cnr Grove Ave and Pearce Rd,
Int Tel:+27-21-671 8876
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