A conveyancer plays a crucial role in property transactions, ensuring the legal transfer of ownership between parties. Whether buying, selling, or developing real estate in South Africa, working with a qualified conveyancer ensures the process is smooth and compliant with all legal requirements. In this blog, we’ll explore what a conveyancer is, their key duties, the benefits of using their services, and when their expertise is required.
What is a Conveyancer?
A conveyancer is a specialised attorney qualified to manage the legal aspects of property transfers. Unlike general attorneys, conveyancers undergo additional training and examinations to ensure they are skilled in property law and conveyancing procedures. Their primary role is to ensure that all legal documentation and registrations related to property transactions are correctly executed and lodged.
The Duties of a Conveyancer
The duties of a conveyancer are critical to ensuring that property transactions are legally sound. Here are the core responsibilities they perform:
1. Drafting Sale Agreements and Legal Documents
Conveyancers ensure that sale agreements, deeds of transfer, and other documents accurately reflect the terms agreed upon by both parties. Errors or omissions can lead to delays or legal disputes, making precision essential. They also prepare bond documents if financing is involved.
2. Lodging Documents at the Deeds Office
The Deeds Office is responsible for registering property ownership changes. A conveyancer ensures all documents are properly formatted and submitted for registration. They follow up until the registration is complete, ensuring no mistakes hinder the process.
3. Managing Financial Transactions
Conveyancers oversee payments like transfer fees, bond registration costs, and municipal clearance certificates. They hold funds in a trust account, ensuring money is safely managed until it is released to the appropriate party.
4. Conducting Title Deed and Property Searches
Title deed checks confirm that the property is free of issues such as bonds, servitudes, or legal claims that could block the sale. Conveyancers may also uncover unpaid municipal rates, which must be resolved before transfer.
5. Calculating Transfer Costs and Taxes
Conveyancers determine transfer duties owed to the South African Revenue Service (SARS). They also calculate municipal and clearance fees, ensuring all taxes are settled before the Deeds Office registers the transfer.
6. Communication with Stakeholders
Property transactions involve multiple parties—buyers, sellers, estate agents, banks, and local authorities. A conveyancer serves as the central point of contact, keeping everyone informed and ensuring deadlines are met.
7. Obtaining Municipal Clearance Certificates
Conveyancers must ensure that rates and levies are up to date by obtaining clearance certificates from the municipality or homeowners’ association. Registration cannot proceed without these documents.
8. Resolving Legal Disputes
If issues arise—such as defects in title or contract breaches—the conveyancer provides legal solutions to avoid delays or financial loss. Their role includes mediating between parties or advising on the best legal course of action.
Benefits of Using a Conveyancer
- Legal Expertise
Conveyancers are property law specialists who ensure transactions comply with South African property regulations. Their expertise helps prevent legal disputes, ensuring a smooth process for both buyers and sellers. - Accurate Registration
Registering property at the Deeds Office involves complex procedures. A conveyancer ensures all documents are correctly prepared and submitted, avoiding delays due to errors. - Secure Financial Management
Conveyancers manage payments like purchase prices and municipal rates through trust accounts, protecting all parties’ financial interests. This secure handling ensures funds are only released when conditions are met. - Problem Resolution
If title deeds have defects or municipal rates are unpaid, a conveyancer will efficiently handle these issues. They also mediate between stakeholders if disagreements arise during the process. - Time-Saving and Stress Reduction
Navigating property transfers can be overwhelming, especially for first-time buyers. Conveyancers streamline the process, coordinating with banks, estate agents, and the Deeds Office, giving peace of mind to both buyers and sellers.
When is a Conveyancer Needed?
A conveyancer is required whenever property is bought, sold, or transferred, such as:
Property Sales and Purchases: A conveyancer manages the transfer from one individual to another.
Mortgage Bond Registrations: When a buyer obtains financing, the conveyancer ensures the bond is properly registered.
Deceased Estates: Conveyancers assist with property transfers following the death of an owner.
Property Development: They handle the legal aspects of transferring units in new developments.
Conclusion
A conveyancer plays a pivotal role in property transactions by ensuring all legal and financial elements are in order. Their expertise safeguards buyers and sellers, helping them avoid potential pitfalls and ensuring that property transfers are seamless and compliant.
Whether you’re buying, selling, or transferring property, it’s essential to work with a qualified conveyancer. At Goldman Schultz, our team of experienced property attorneys is ready to assist you with every step of your transaction.
FAQ
Is a conveyancer an attorney?
Yes, a conveyancer is an attorney with additional qualifications in conveyancing. They must pass specialised exams to manage property transfers.
What does conveyancer mean?
A conveyancer is an attorney responsible for legally transferring ownership of immovable property, ensuring that all paperwork is properly executed and registered.
What is another name for a conveyancer?
While often called a conveyancer, they are also referred to as property attorneys or transfer attorneys in South Africa.
Who chooses the conveyancer?
Typically, the seller selects the conveyancer responsible for managing the property transfer, but both the buyer and seller may agree to appoint someone together.