CONVEYANCING

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WHAT IS A CONVEYANCING ATTORNEY?

MD LAWRENCE INCORPORATED

A conveyancer is a qualified attorney that has passed an extensive special examination over and above their law degree and admission as an attorney. A conveyancer must be admitted to practice as such by the High Court of South Africa. A conveyancer specialises in the legal transfer of immovable property and all deeds and documents for registration in the deeds office may only be prepared by a conveyancer.

SELLING YOUR HOME?

Why you should choose your own conveyancer?

Your home is considered to be a valuable and significant asset and unfortunately many people rely on the property practitioner or another party to choose the transferring conveyancer for them. It is important to appoint a conveyancer who you are comfortable with to handle the transfer of your immovable property and who will do everything in their power to have the transaction registered as soon as possible.

It should be someone who you trust to ensure that your rights and interests are protected during the transfer of immovable property and that you are guided through the process. The conveyancer advises you on the cancellation of the bond, penalties, notice periods and on the offer to purchase and may even assist you in drafting this binding document.

The conveyancer meets with you to sign the necessary transfer documentation and answers any concerns or questions you may have. An experienced conveyancer will ensure that the title deed conditions and any endorsements or caveats are thoroughly perused and that the documents are meticulously drafted in a manner that will minimise and eliminate the risk of rejection by examiners in the Deeds office.

COSTS INVOLVED IN SELLING YOUR HOME

Costs to obtain a rates clearance certificate
Costs to obtain a levy clearance certificate (if applicable)
Compliance certificates (COC, Gas, Plumbing, Electrical Fence etc where applicable)
Bond cancellation costs
Property practitioner commission

BUYING A HOME?

WHY SHOULD YOU APPOINT A CONVEYANCER TO ASSIST YOU IN REVIEWING THE SALE AGREEMENT BEFORE YOU SIGN?

The sale agreement is a legal and binding document. It is important that you understand all the terms and conditions thereof. Your conveyancer will assist you in pointing out any pitfalls prior to signing the document and advise on any amendments which may be necessary to avoid jeopardising your legal position. Any verbal agreements should be reduced to writing. You want the process to be as smooth and quick as possible, any delays in the transfer puts you at a risk of substantial loss.

COSTS INVOLVED IN BUYING A HOME

Transfer fees
Transfer duty (if the value of the property is over R1.1 million or otherwise stipulated by legislation)
Bond registration fees (if applying for a bond)
Initiation fee (to financial institution granting the bond)
Home owners insurance
Deposit (if applicable)

conveyancing attorneys INVOLVED in a property transfer

There are generally three types of conveyancing attorneys involved in a property transaction:

The Transferring Attorneys– Their role is to represent the seller and transfer the property from the seller to the buyer. They are generally appointed by the seller.
The Bond Attorneys– They represent the buyer, but they are appointed by the bank that grants the buyer a home loan. Their role is to register the bond of the property in favour of the bank that is financing the purchase.
The Cancellation Attorneys– They are appointed by the bank to cancel the seller’s existing home loan on the property.

Conveyancing services

MD LAWRENCE INCORPORATED specialises in an array of notarial and conveyancing-related services including but not limited to:

Half-share transfers
Divorce transfers
Deceased estate transfers
Applications for lost title deeds
Home loan registrations;
Bond cancellations;
Establishment of townships;
Sub-divisions and consolidation of land;
Opening of sectional title registers;
Sectional title schemes;
Drafting of agreements pertaining to property developments;
Drafting of commercial and residential lease agreements;
Drafting of sale agreements;
Registration of notarial deeds, leases and servitudes;
Transfer of all immovable property types including residential erven, agricultural holdings and sectional title units.
Registrations of private bonds and CCMBs
Drafting of special and general powers of attorney

MD LAWRENCE INCORPORATED has built numerous relationships with other property practitioners. The firm acts as a correspondent and preferred service provider for other law firms that do not specialize in conveyancing matters.