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The Duties of a Conveyancing Attorney in South Africa

When buying a house in South Africa, we know that we must use a conveyancing attorney, but what do conveyancers actually do?

What does Conveyancing mean?

Before we explain what conveyancing attorneys do, let’s first define what the term “conveyancing” means.

“Conveyancing” is the legal term used to describe the transfer of property from one person to another.  This process is registered at the local Deeds Office in the area/town where the property is situated.

What is a conveyancer?

A conveyancer is a practicing attorney who has not only passed their Attorney admission exams, but also a special conveyancer exam.

Conveyancers have a massive responsibility to ensure that everything is done strictly according to the Deeds Office Regulations.

To maintain this standard, there are compulsory examinations that ensure only the best conveyancers qualify. They must have the knowledge of more than a 100 different Acts and Regulations pertaining to properties in South Africa and must always ensure that their client's rights are protected while executing the Deeds.

South Africa boasts with one of the best property registration processes in the world, and conveyancers are mostly to thank for maintaining that standard.

Conveyancing services

Now that we have a better understanding of what a conveyancer is, let’s look at the services that a conveyancer offers.

A Conveyancer should:

  • Protect the interest of their client, the Seller, at all times.
  • Explain the conveyancing procedure to the Seller and keep them updated with the latest progress.
  • Clarify the content of the Offer to Purchase for the Seller, particularly suspensive conditions.
  • Explain to the Seller the consequences of cancelling their bond and any penalty charges that may affect the final settlement figure.
  • Act only on the Seller’s instructions.
  • Ensure that they register the transaction on or as close as possible to the agreed upon date stated in the Offer to Purchase.
  • Avoid any delays in the transfer by advising the Seller of their obligations in terms of the offer to purchase.
  • Set up a meeting with the Seller to explain as well as sign the final documentation needed to conclude the sale.
  • Carefully prepare all deed documentation to reduce its risk of being rejected by the Deeds Office.
  • Notify the Seller of the transfer on the day of registration.
  • Within two days of registration, the conveyancer must inform the Seller of the finances relating to the sale.

Bailey Haynes Inc. – Conveyancing Attorneys Cape Town

Owning a property is one of the largest and most important investments that you will make. It is also the most expensive asset you will ever own.

Therefore, it’s important that when buying or selling a property, you have a team of conveyancing attorneys that care on your side.

Contact our law firm in Cape Town.

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