Signing an offer to purchase is an important step, but it is not the transfer of ownership. The conveyancing process must still deal with the agreement’s conditions, the parties’ documents, finance, clearances and registration requirements. Several professionals may be working on connected parts of the transaction at the same time.
Hugh Raichlin Attorneys assists with residential and commercial conveyancing. This guide explains the questions to ask during a transfer so that a buyer or seller can distinguish an ordinary dependency from an issue requiring action.
1. Confirm the agreement and its conditions
The transferring attorney needs the complete signed agreement, all annexures and any valid amendments. Check finance and other suspensive conditions, deposits, guarantees, occupation, risk, deadlines and the appointed conveyancer. Do not assume a condition has been met because someone says the transaction is “approved”.
Where a deadline may be missed, obtain advice before it expires. An informal discussion or a payment may not revive an agreement that has already lapsed.
2. Open the transfer and verify the parties
The conveyancer requests identity, marital-status and other compliance documents, examines the property information and identifies any special authority required. A trust, company or deceased estate can involve different approvals from an individual seller.
Provide complete documents promptly and explain unusual features early: divorce arrangements, a deceased owner, missing originals, an existing tenant or a party signing abroad.
3. Coordinate the financial and clearance requirements
Where there is an existing bond, cancellation arrangements must be coordinated. Where the buyer obtains a new bond, the bank’s appointed bond attorney may be a separate firm. Transfer duty or VAT treatment must be identified correctly, and the applicable SARS receipt or exemption and other clearances obtained.
A buyer should understand the distinction between purchase price, transfer fees, bond fees, tax and other disbursements. A seller should understand cancellation charges and the clearance amounts needed. Obtain a transaction-specific estimate rather than relying on an old online figure.
4. Sign the required documents and provide funds securely
The transferring and bond attorneys prepare the documents relevant to their respective roles. Ask what you are signing and what any outstanding item prevents. Check that payments and guarantees follow the agreed instructions and settlement arrangements.
Verify bank details independently using a trusted contact number before paying. A changed account in an email is not sufficient assurance. Do not rely on a payment-confirmation image as proof that the firm received cleared funds.
5. Lodge the linked deeds and complete registration
Once the requirements are satisfied, the relevant deeds are lodged for examination at the Deeds Office. Transfer, bond registration and bond cancellation may need to occur together. Queries or linked-transaction delays can affect the expected registration date.
After registration, the conveyancer accounts for the funds and provides the relevant confirmation and records. Occupation and key handover follow the agreement; they are not necessarily identical to the registration date.
A useful progress request
Ask: What stage have we reached? What specific item is outstanding? Who must supply it? What deadline or linked process is affected? A clear answer is more useful than a repeated request for an unconditional completion date.
- Keep one complete signed agreement and amendment set.
- Track outstanding documents and who is responsible.
- Record promised dates without treating them as guaranteed registration dates.
- Escalate a finance, authority or contractual problem promptly.
Questions clients ask
How long will transfer take?
It depends on the agreement, documents, finance, clearances, linked deeds and examination process. A responsible estimate should identify its assumptions and be updated as the transaction progresses.
Can I move in before registration?
Only as permitted by the agreement or a properly documented arrangement. Early occupation can involve rent, insurance, risk and practical responsibilities.
Does bond approval mean all legal work is finished?
No. Bond approval is one part of the transaction. Signing, guarantees, registration requirements and other conditions may remain.
Get the transaction checked early
Provide HRA with the agreement, property details and any known deadline. Abigail Sher’s conveyancing role allows the firm to assist with the transfer process and identify issues needing legal advice before they create avoidable delay.
Discuss residential conveyancing
Understand bond registration roles
General process information only. Your sale agreement and the applicable legal requirements govern the transaction.