Conveyancer | Property Lawyer in Durban
What is Conveyancing?
Conveyancing refers to the legal process of transferring property ownership from one party to another. In South Africa, conveyancing is a critical part of property transactions and must be carried out by a qualified conveyancer, ensuring the legal transfer of ownership is valid and compliant with property laws.
What Does a Conveyancer Do?
A conveyancer is a specialised attorney who oversees the entire property transfer process. This includes preparing legal documents, managing financial transactions related to the sale, ensuring compliance with the Deeds Office, and communicating with all parties involved in the transaction. The role of a conveyancer ensures that property transfers are handled smoothly and legally.
Property Transfer Cost Calculator
Property transfers can involve various costs, including transfer duty, bond registration fees, and attorney fees. Our Property Transfer Cost Calculator makes it simple to estimate these costs, providing clarity and transparency for buyers and sellers.
Our Conveyancing Services
At Goldman Schultz Attorneys, we provide comprehensive conveyancing services for property transactions in Durban and throughout South Africa. Our services include:
- Residential Property Transfers: We handle the sale and transfer of residential homes, ensuring the process is seamless from start to finish.
- Commercial Property Transfers: Whether buying or selling commercial property, we ensure all legal aspects are covered to protect your investment.
- Sectional Title Transfers: We specialise in the registration of new sectional schemes, the extension of existing schemes by the addition of further sectional title units and the extension of individual sectional title units, ensuring compliance with the Sectional Titles Act.
- Bond Registration: We manage the registration of bonds, ensuring that all legal requirements are met for the registration of the mortgage loan security over the property in favour of the mortgage lender.
- Bond Cancellation: When a bond is settled, we facilitate the cancellation process, liaising with financial institutions and the Deeds Office.
- Property Subdivisions: Our conveyancers assist with the legal processes involved in subdividing land and registering the newly subdivided properties.
- Notarial Services: We offer notarial services, including the drafting of notarial deeds and other notarial documentation required for property transfers as well as the notarial certification of documents for use abroad, including Apostilles.
Why Choose Goldman Schultz as Your Conveyancer
At Goldman Schultz Attorneys, you are guaranteed personal attention from our partners. With Liezel Schultz as your dedicated conveyancer, your property transactions are in the hands of an expert. We understand that buying or selling property can be stressful, so we prioritise clear communication, prompt service, and meticulous attention to detail to ensure your peace of mind.
Liezel Schultz – Specialist Conveyancer and Property Attorney
Liezel Schultz is a highly experienced conveyancer with a deep understanding of property law and a strong reputation for her client-focused approach. As a partner at Goldman Schultz, Liezel personally oversees each case, providing expert legal guidance and ensuring that every transaction is handled with precision and care.
The Property Transfer (Conveyancing) Process
The property transfer process in South Africa involves several steps:
- Sale Agreement: Once a buyer and seller agree to a property sale, a sale agreement is drawn up and signed by the buyer and seller.
- Appointing a Conveyancer: The seller usually appoints the conveyancer (transfer attorney) , who will manage the legal transfer process.
- Bond Application: If the buyer requires financing, they apply for a bond, and once the mortgage finance is approved, the financial institution instructs the bond attorney to attend to the registration of the mortgage bond. The bond attorney then prepares all the required bond documents and ensures that the mortgage bond documents are signed by the purchaser..
- Property Transfer: The conveyancer (transfer attorney) prepares all required documents and ensures that all the transfer documents are signed by the seller and the purchaser. The transfer attorney also obtains a transfer duty receipt from SARS, a rates clearance certificate from the local authority and, if applicable, a levy clearance certificate from the sectional title body corporate.
- Deeds Office: Once all transfer documents and mortgage bond documents are ready for lodgment in the Deeds Office, it is all lodged simultaneously in the Deeds Office. After a thorough review by the Deeds Office, the property transfer to the new owner is registered. .
Roles of Conveyancing Attorneys
In South Africa, there is usually 3 roles that conveyancing attorneys fulfill in property transactions.
At Goldman Schultz, we offer all of these, ensuring that property transactions are managed efficiently from start to finish.
Transfer Attorneys:
Appointed by the seller, these attorneys manage the actual transfer of property ownership.
Bond Attorneys:
Appointed by the bank, bond attorneys handle the registration of the buyer’s mortgage bond.
Cancellation Attorneys:
Appointed by the bank that holds an existing mortgage bond over the property, the cancellation attorneys handle the cancellation of the existing mortgage bond over the property.
Ready to transfer your property?
Contact Goldman Schultz Attorneys today to book a consultation with Liezel Schultz, our expert conveyancer, and experience personal, professional service for all your property law needs.
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Conveyancing FAQs – Goldman Schultz Attorneys
Is a conveyancer an attorney?
Yes, a conveyancer is an attorney who has passed additional exams to specialise in property law. In South Africa, only qualified attorneys can act as conveyancers, ensuring they handle the legal aspects of property transfers.
Does a conveyancer represent the seller?
Typically, once a conveyancer accepts the appointment as transfer attorney, , he/she must act impartially, ensuring both the buyer and seller comply with legal obligations throughout the transaction.
Who appoints the conveyancer?
The seller usually appoints the conveyancer in a property transaction, although this can be negotiated between the buyer and seller.
Who pays the conveyancing attorney?
The buyer generally pays the conveyancing fees, which cover the attorney’s services for transferring the property title and other legal documentation.
How much are conveyancing fees in South Africa?
Conveyancing fees vary based on the property’s value and are regulated by the Legal Practice Council. These fees typically range between 0.5% to 1% of the property’s value, plus VAT. Additional costs like transfer duty and bond registration fees may apply.
Who pays for conveyancing?
In most cases, the buyer pays the conveyancing fees, while the seller covers the estate agent’s commission and any bond cancellation fees for their property.
Can a conveyancer be an estate agent?
No, conveyancers and estate agents serve different roles in the property transaction. A conveyancer handles the legal transfer, while an estate agent facilitates the sale by finding buyers and negotiating offers.
Who regulates conveyancers in South Africa?
Conveyancers are regulated by the Legal Practice Council of South Africa, which ensures that they meet all professional and legal standards.
What is a conveyancer fee?
The conveyancer fee is the amount charged by a conveyancer to handle the legal process of transferring property ownership. This includes drafting documents, registration with the Deeds Office, and managing the financial aspects of the transaction.
Who pays transfer costs when selling a house?
The buyer is responsible for paying the transfer costs, which include the conveyancing fees and transfer duty (a tax paid to the government). The seller typically covers the bond cancellation costs if applicable.
Who chooses the conveyancer?
The conveyancer is usually chosen by the seller, but the buyer has the right to negotiate this if both parties agree.
How long does the conveyancing process take in South Africa?
The conveyancing process typically takes between 6 and 12 weeks. However, delays can occur if there are issues with, amongst others, bond conditions, obtaining rates clearance certificates or document verification at the Deeds Office.
When buying a house, who pays the lawyer?
The buyer pays the conveyancing lawyer for transferring ownership and, if applicable, for bond registration services as well.
How quickly can conveyancing be done?
In some cases, conveyancing can be completed in as little as 4 weeks, but this depends on how quickly financing is secured and documents are processed.
What is a conveyancer certificate?
A conveyancer certificate is a document provided by the conveyancer to confirm that the transfer process has been legally completed and that the new owner is officially registered.
Why do you need conveyancing?
Conveyancing is necessary to facilitate the legal transfer of ownership, ensuring that all contractual and statutory obligations are met. It also ensures that the buyer receives a valid title and that the transaction is registered with the Deeds Office.
What is the main duty of a conveyancer?
A conveyancer’s main duty is to manage the legal process of transferring property ownership, ensuring that the title is correctly registered in the buyer’s name, all documents are prepared, and any fees, such as transfer duty, are paid.