Signing an offer to purchase is the first step in buying or selling a property. However, for the sale to be
completed, a conveyancing attorney is required to facilitate the registration of the transfer of the
property from the current owner’s name into the name of the purchaser.
In this article, we will look at the role and duties of conveyancing attorneys in South Africa and where to
find a conveyancing attorney that will ensure your property matters are handled with ease and care.
What is a Conveyancing Attorney?
Only conveyancers are qualified to attend to the process of transferring and registering properties in the
deeds office. A conveyancer is an admitted attorney who has passed a specialised conveyancing
examination and has subsequently been admitted by the High Court of South Africa to practice as a
conveyancer. The conveyancing attorney, also sometimes referred to as the “transfer attorney”, is
usually appointed by the seller, however, conveyancing fees are payable by the buyer. The conveyancing
attorney is expected to act in the best interest of both the seller and the purchaser by giving effect to all
the terms and conditions contained in the offer to purchase.
The Duties of a Conveyancing Attorney
The conveyancing attorney plays a pivotal role in the transfer process and is the driving force behind the
transaction overseeing each step of the process. The attorney will request information from both the
purchaser and the seller in order to prepare certain documents for signature and will also obtain further
necessary documents like municipal rates- or body corporate and homeowners association clearance
certificates, transfer duty receipts from SARS etc. Most importantly, the conveyancing attorney will see
to all financial aspects relating to the transaction and will ensure that the proceeds of the sale of the
property is paid to the seller as soon as possible following registration at the Deeds Office.
Other than the transfer and registration of a property, registration of mortgage bonds, commercial and
residential property development bonds and financial structuring also fall within their area of expertise.
There are a variety of other services a conveyancing attorney can provide in respect of commercial and
residential properties. These services can be viewed here.
Where to Find a Conveyancer in South Africa
Adams and Adams is a renowned law firm with a specialised and experienced conveyancing team. We
deal in residential and commercial properties, and we provide clients with advice on an array of complex
legal issues within the property industry. We currently represent an impressive client base consisting of
developers, lenders, investment banks, real estate trusts, and private clients.
Contact the conveyancing team at Adams and Adams to find out how we can help you with the issues
you might be facing with your property investment.