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BUSINESS NEWS - Signing an agreement of sale 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.
Who is the conveyancer?
A conveyancer, also called a transfer attorney, 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.
Only conveyancers are qualified to attend to the registration of property transfers in the deeds office.
The conveyancing attorney has the unique professional duty to act in the interest of both the seller and the purchaser in giving effect to the terms and conditions contained in the agreement of sale. This duty, however, is not without limits. If, for instance, the seller appointed the conveyancer, and the purchaser commits a breach of contract, the conveyancer must notify the purchaser of a conflict of interest and inform the purchaser of his or her right to seek independent legal representation in the matter.
Who appoints the conveyancer?
In South African law, it is the seller's duty to deliver or convey the property to the purchaser. This tradition is rooted in the legal principle that the seller is responsible for ensuring that ownership of the property is legally transferred to the purchaser. For this reason, sellers of immovable property have the prerogative to appoint their conveyancers to attend to the transfer of their sold property. The exception is Kwazulu-Natal, where it is the purchaser’s right to appoint the conveyancer, the rationale being that it is the purchaser who pays the conveyancer’s fees.
Sellers should be aware that they are entitled to appoint a conveyancer of their choice. A property practitioner (estate agent) may contravene the Code of Conduct of the Property Practitioners’ Regulatory Authority by unduly influencing a seller to appoint a specific conveyancer.
Who should I use for conveyancing?
Property transactions often involve more than one area of the law. An experienced lawyer, proficient in property law and related disciplines such as contract law, commercial law, finance and notarial practice would be the best choice, particularly in more complex transactions.
At Tonkin Clacey Inc we are renowned for our specialist property law services, focused on residential and commercial transactions, and providing clients with guidance on complex legal issues within the property industry.
Contact Jaco Lötter and his team to find out how we can help you with the issues you might be facing with your property investment.
https://www.tcinc.co.za/About.aspx?AboutID=521
Tonkin Clacey Inc. Mossel Bay
044 220 0240
083 600 4903
jaco@tcinc.co.za
www.tcinc.co.za
Office 4, Nautilus Place
27 Marsh Street,
Mossel Bay
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