The Role of a Conveyancer

A Quick and Easy Guide for Home Buyers and Sellers

Buying or selling your home? Then you’ve probably heard the term “conveyancer” thrown around. But what exactly do we do, and why do you need us?

What is a Conveyancer?

A conveyancer is an attorney with further postgraduate conveyancing qualifications.  Your conveyancer is a legal expert for all things related to buying or selling your house. Think of them as the bridge between you and your dream home—or between you and your home’s new owner.  

Why You Need a Conveyancer

• Legal Requirement:  In South Africa, you don’t have a choice. The law dictates that you have to use a qualified conveyancer in all property transactions.  But you do get to choose the conveyancer you use.
• Legal Clarity: Buying or selling your house is a big deal – possibly the biggest investment you’ve ever made.  So it makes sense to have an attorney protect you from the legal pitfalls and simplify the complex contracts and processes
• Stress Reduction: They deal with the municipalities, the master of the court, the banks and bond originators, and streamline all the documentation and compliance issues, like rates clearance certificates and bond cancellations
• Financial Security: They safeguard your financial interests by ensuring all monetary transactions are legitimate and that if the payment of cash is involved, the amount is securely invested on behalf of the parties. 

Key Responsibilities

• Document Preparation: Contracts, deeds, and more—the conveyancer drafts all necessary documentation
• Due Diligence: They perform searches to comply with FICA requirements and to uncover any legal snags like undeclared owners or  land use restrictions.
• Liaison: They communicate between all parties to coordinate signing, payments, and the handover of keys.

The Process, Simplified

• Signed Offer to Purchase:  Once this contract is signed, the transfer process can begin
• Bond Finalisation:  Should there be a bond required to secure the purchase price, your conveyancer liaises with your bank’s bond registration attorney to ensure bond guarantees and plan the timing of the bond with the property transfer
• Bond Cancellation:  Should the Seller have a bond over the property that requires cancellation, the conveyancer will liaise with the bond cancellation attorneys for the cancellation thereof
• Paperwork: The conveyancer handles issues like bond cancellations, rates clearances, body corporate or homeowner association clearances, and ensures you have the necessary compliance certificates for things like electrical wiring, air conditioners, and a whole lot more
• Transfer Documentation: Your conveyancer prepares all the necessary transfer documents for signing by the buyer and the seller, and a Power of Attorney to allow the conveyancer or his / her correspondent to appear before the Master of the Court on your behalf.  
• Submission to the Deeds Office:  Once the documents are signed, they are submitted to the Deeds Office. It’s essential that your documentation and clearance certificates are accurate, up-to-date and complete or your transfer will be delayed.
• Transfer:  Once the ownership is transferred, the conveyancer will finalise any occupational rents, the financial aspects so the seller is paid, any surplus is refunded to the purchaser and the keys are handed over. 
• Property Deeds: If you are the buyer and you have a bond, your deeds are lodged with the bank until such times as the bond is paid off – or you upgrade to a new house in the future

How to Choose a Conveyancer

The seller has the right to choose the conveyancer, but the conveyancer works for both the buyer and the seller.  

• Credentials: It is always good to work with someone who has earned respect. A good indication is reviews on the conveyancer’s website and word of mouth.
• Transparency: They should offer a clear fee structure. 
• Good people skills: A conveyancer with good people skills or relationships in your area could  be advantageous. They need the co-operation of a variety of players, from municipal departments to financial institutions.
• Availability: You want your transfer to be their priority, so make sure they have capacity to handle your transfer. 

Do your homework

Whether you’re buying or selling, your conveyancer is your safety net through the complex web of property transactions. So take your time and do your homework.  Ask for recommendations and weigh your options.