The seller’s guide to a hassle-free property transfer
Selling your home? Congratulations! While this is an exciting step, the legal and admin side of things – aka conveyancing – can feel a little daunting. The good news? With the right information (and the right conveyancer), the process can be smooth, stress-free, and as fast as possible.
According to David Jacobs, Regional Sales Manager for the Rawson Property Group, many sellers don’t realise how much control they actually have over the conveyancing process.
“Choosing the right conveyancer isn’t just about efficiency – it’s about protecting your financial interests and ensuring a smooth handover,” he explains.
Here’s your seller’s survival guide to getting your property transfer sorted without unnecessary delays or headaches.
What is conveyancing? (and why should you care?)
Conveyancing is the legal process of transferring ownership of a property from you (the seller) to the buyer. A conveyancer – a specialised property attorney – handles all the legal paperwork, making sure everything runs by the book.
Pro Tip: Appoint your own conveyancer
Yes, the buyer covers the conveyancing costs, but in South Africa, the seller normally appoints the conveyancer. Why? Because this ensures the process is handled efficiently and with your best interests in mind.
Letting the buyer appoint their own conveyancer might seem harmless, but it could leave you at a disadvantage if any issues arise.
“The conveyancer is responsible for ensuring all terms of the sale are met,” says Jacobs. “If you don’t appoint your own, you’re trusting that someone else’s attorney will look after your interests.”
Your step-by-step guide to a smooth sale
Sign the Offer to Purchase (OTP)
Once you’ve found a buyer, both parties sign an Offer to Purchase (OTP) – a legally binding contract that sets out the sale’s terms, price, and condition.
Appoint a conveyancer (don’t skip this step!)
Your conveyancer is your legal safeguard, ensuring everything is above board and that:
The process moves quickly and efficiently.
You receive your proceeds without unnecessary delays.
Your interests are protected in case of disputes.
“A good conveyancer keeps you updated at every step, ensuring you don’t have to chase them for information,” says Jacobs.
Settle your home loan (if you have one)
If you still owe money on your home loan, your bank will need to cancel the bond. Most banks require 90 days' notice, so let them know as soon as possible to avoid penalties.
Get those clearance certificates
Before your property transfer can go through, you’ll need some official certificates:
Municipal Clearance Certificate – Confirms all your rates, taxes, and utilities are paid up.
Electrical Compliance Certificate – Legally required to prove your wiring is safe.
Other Certificates (If Needed) – Some properties may require gas, plumbing, or beetle-free certificates. Your conveyancer will guide you on what’s needed.
“Delays in getting clearance certificates can hold up registration,” warns Jacobs. “A proactive conveyancer will flag this early and ensure the process keeps moving.”
The buyer pays Transfer Duty (you just sit tight)
The buyer is responsible for paying transfer duty (a tax on property purchases). Your conveyancer will ensure everything is paid and recorded correctly.
Lodgement & registration – the final stretch!
Once all documents are ready, your conveyancer submits them to the Deeds Office for registration. This step usually takes 7-10 working days. Once it’s done, ownership officially transfers, and your money is paid out.
What does conveyancing cost you as a seller?
While the buyer covers the main conveyancing fees, sellers do have a few costs to keep in mind:
Bond Cancellation Fees – If you have a home loan, your bank may charge a cancellation fee.
Compliance Certificates – The cost depends on which ones you need.
Rates & Utilities Clearance – You’ll need to settle any outstanding amounts before the transfer can go through.
Your conveyancer should give you a full cost breakdown upfront.
What if the buyer wants to choose the conveyancer?
Some buyers may insist on appointing their own conveyancer. If you agree, protect yourself by:
Adding a clause in the OTP – Specify that the chosen conveyancer must act impartially.
Staying involved – Keep in regular contact to ensure no unnecessary delays.
Getting independent legal advice – If needed, consult your own attorney to review key documents.
“This can be a tricky situation,” says Jacobs. “If you do allow the buyer to choose, ensure the conveyancer commits to fair communication with both parties.”
The bottom line: keep it simple & choose the right conveyancer
The conveyancing process doesn’t have to be stressful. With the right conveyancer, a little planning, and clear communication, you’ll be celebrating a successful sale in no time.
“Selling a property is a big financial move,” says Jacobs. “A professional, proactive conveyancer can mean the difference between a smooth, stress-free transaction and a drawn-out nightmare.”
Need expert guidance? Rawson’s preferred conveyancing partners are here to assist every step of the way. Get in touch today for a seamless property transfer.
According to Quay1 address these legal considerations helps buyers and sellers protect their interests and ensure a successful transaction.
Marsh says when buying or selling a property, several key legal considerations must be taken into account to ensure a smooth and legally compliant transaction.
- Clear Property Title Deed: One of the foremost legal considerations is ensuring that the property has a clear and marketable title. This means that the seller has the legal right to sell the property and that there are no disputes or claims against it. A conveyancer will typically conduct a title deed search to verify this.
- Compliance with FICA Requirements: The Financial Intelligence Centre Act (FICA) mandates that both buyers and sellers provide proof of identity and address to prevent money laundering and other illegal activities. Ensuring FICA compliance is a critical step in the property transaction process.
- Sale Agreement: A comprehensive sale agreement is essential. This legally binding document outlines the terms and conditions of the sale, including the purchase price, deposit amount, transfer duty, and any special conditions. Both parties must fully understand and agree to the terms before signing.
- Due Diligence on Municipal Rates and Taxes: It is crucial to check that all municipal rates and taxes are up to date. Any outstanding amounts must be settled before the transfer of ownership can take place. The seller is responsible for ensuring that these payments are current.
- Property Encumbrances: Encumbrances, also known as liens, are claims or liabilities attached to the property, such as mortgages or unpaid taxes. It's essential to verify that there are no unresolved encumbrances that could affect the transfer of ownership.
Original Article: https://www.property24.com/articles/the-sellers-guide-to-a-hassle-free-property-transfer/32616