The seller ordinarily nominates the transferring conveyancer in a South African property sale, even where the agreement makes the buyer responsible for transfer costs. The parties can agree otherwise, so read the appointment clause before signing rather than assuming the matter can be changed later.
Hugh Raichlin Attorneys undertakes conveyancing through Abigail Sher, an admitted attorney and conveyancer. An early discussion can help the parties settle the appointment, understand the transaction and identify special requirements before the signed agreement creates obligations.
Payment and appointment are different questions
Who pays a fee does not automatically determine who appoints the professional. The sale agreement should address the transferring attorney and the allocation of costs clearly. A buyer who wants independent advice can discuss a separate legal adviser; that is different from controlling the transfer mandate.
The conveyancer’s professional duties are not a licence to mislead or disregard another party. Clear communication, correct execution and proper handling of the transaction matter to everyone involved.
Do not confuse the three conveyancing roles
- The transferring attorney attends to the property transfer.
- The bond-registration attorney acts on the new lender’s instruction where a mortgage bond is registered.
- The bond-cancellation attorney attends to cancellation of an existing bond on the relevant lender’s instruction.
One firm may hold more than one appointment, but that should not be assumed. HRA does not claim appointment to a particular bank panel in this guide. Confirm the actual instructions and responsibility for each part of the transaction.
Questions to ask when choosing the firm
- Who is the responsible admitted conveyancer and how can their professional status be checked?
- Who will provide progress updates and how will urgent contractual issues be escalated?
- What information is required at the start, particularly for trusts, companies, estates or parties abroad?
- What fees and disbursements are included in the estimate, and what could change them?
- How are bank details supplied and independently verified?
- How will the firm coordinate linked bond and cancellation work?
Check the appointment clause before the offer is signed
An offer to purchase can become a binding agreement when accepted. Do not leave important spaces blank or assume a verbal assurance overrides the written appointment. A later change may require consent and can affect work already done, costs and timing.
Also review conditions, guarantees, occupation, risk and deadlines at the same time. The best appointment cannot eliminate a problem created by an agreement that does not express what the parties intend.
What a good progress discussion should cover
Ask for specific dependencies rather than a promise that nothing can go wrong. The firm should be able to identify the documents, clearances, funding or linked deeds still outstanding and explain who must act next.
For a seller, an existing bond, tenant or authority issue may need early attention. For a buyer, affordability should include the transaction’s legal and tax costs, not only the deposit and monthly instalment. Share those facts promptly so that they can be considered.
Questions clients ask
Can the estate agent insist on its preferred conveyancer?
A recommendation is not the same as a binding appointment. Discuss the clause and the parties’ agreement before signing, and make your intended choice clear.
Can I change conveyancers halfway through?
Obtain advice about the mandate, agreement, fees and practical handover. Do not assume a change can be made without consequences or delay.
Does choosing my conveyancer guarantee that registration is fast?
No. Experience and organisation help, but the parties, banks, authorities, linked transactions and Deeds Office process also affect timing.
Make the appointment part of the transaction plan
Contact HRA with the property details and the unsigned offer where possible. The firm can explain its proposed role and the information needed to assess the transfer, rather than leaving the appointment to be resolved after a deadline arises.
Discuss residential conveyancing
Discuss a commercial property transaction
General information only. The signed agreement, actual mandate and professional obligations determine the parties’ position.