For first-time buyers and sellers, property transfers can be a bit tricky. Understanding the process from start to finish can help make it a lot easier to manage. Here are answers to some common questions we often receive to help clarify the process for you.

1. What is the role of a conveyancer in a property transfer?

A conveyancer is a legal expert who handles the legal side of property transfers. Their job is to ensure that everything is in order—drafting and registering the necessary documents, ensuring taxes are paid, and making sure that the property is transferred correctly in the Deeds Office. The conveyancer also makes sure that there are no legal hurdles in the transfer, such as unpaid municipal rates or outstanding taxes.

2. How long does the property transfer process take?

A property transfer usually takes about two to three months to complete. However, the timeline depends on factors like how quickly the seller provides the required documents or how long it takes to obtain clearance certificates from the municipality. Once the sale agreement is signed, the conveyancer will start working on registering the property, which can take a few weeks. The full process is only complete once the Deeds Office registers the property in the buyer’s name.

3. What are the costs involved in a property transfer?

There are a few costs to keep in mind when transferring property:

Transfer duty: This is a tax paid to SARS based on the purchase price of the property. It’s calculated on a sliding scale, with rates increasing as the property value goes up.

Conveyancing fees: These fees are paid to the conveyancer for managing the transfer process and are usually calculated based on the property's value.

Deeds Office registration fees: There’s a fee for registering the property in the buyer’s name at the Deeds Office.

Municipal rates and taxes: Any outstanding amounts on the property must be settled before the transfer can happen, and the seller is responsible for these costs.

4. Can the buyer choose the conveyancer?

In South Africa, only the seller has the right to appoint the conveyancer. While the buyer cannot select the conveyancer, it is important for the buyer to communicate with the conveyancer during the process to ensure everything goes smoothly, especially when it comes to paying transfer duties or completing any required paperwork.

5. What happens if there are outstanding municipal rates or taxes on the property?

Before the property can be transferred, all municipal rates, taxes, and levies must be paid up. The seller is responsible for obtaining a clearance certificate from the municipality to confirm that the property is free of any outstanding charges. If there are any arrears, the seller must settle them before the transfer can proceed.

6. Can I transfer property without using a conveyancer?

No, in South Africa, a conveyancer is legally required for property transfers. Conveyancers are specialists who ensure that the legal requirements are properly taken care of, including compliance with property law, transferring title deeds, and ensuring that taxes and other liabilities are settled. While you can’t skip using a conveyancer, choosing a qualified one ensures that the process runs smoothly.

7. What happens after the property transfer is registered?

Once the property transfer is registered, the buyer becomes the legal owner of the property. The conveyancer will provide the buyer with the title deed to the property, and the buyer will take on all responsibilities, including municipal rates, taxes, and maintenance. From there, the buyer has full legal rights to the property.

8. What are the responsibilities of the buyer and seller?

The seller will need to provide the necessary documents, such as proof of ownership and any municipal certificates, while the buyer will need to ensure that the transfer duties and registration fees are paid. Both parties need to stay in touch with the conveyancer to ensure that all deadlines are met.

9. What happens if the property is not registered properly?

If a property isn’t properly registered, the buyer will not be legally recognised as the property’s owner. Until the transfer is officially recorded at the Deeds Office, the seller remains the owner.

If you have any questions or need assistance with a property transfer, get in touch with MP|W Attorneys. We’re here to guide you through the process and make sure everything is handled professionally.