CONVEYANCING PROCEDURE

The procedure to transfer the right in immovable property takes approximately six to eight weeks from date of receipt of the instruction to date of execution at the deeds office.
  1. A Deed of Sale is concluded between Seller and Purchaser
  2. The relevant attorneys are appointed and instructed
  3. The Purchaser applies for a Mortgage Bond
  4. The transferring attorney applies for Bond Cancellation and Rates Clearance Figures
  5. Once all the suspensive conditions have been fulfilled, the transferring attorney attends to draft the transfer documents
  6. The transferring attorney requests guarantee requirements from the bond attorneys
  7. Rates figures are received from the City of Cape Town
  8. The transferring attorney applies for Transfer Duty Receipt or Exemption Certificate
  9. The Seller and Purchaser sign the transfer documentation
  10. The Purchaser signs the bond documentation
  11. The Seller pays the Rates Clearance figures
  12. The Purchaser pays the Transfer duty amount issued by SARS
  13. Rates Clearance and Transfer Duty Certificates are issued
  14. The Certificates of Compliance, viz. Beetle, Electrical, Plumbing, Gas and/or Electrical Fencing are obtained by the Seller
  15. The deeds are prepared by the attorneys for lodgement
  16. The transferring Attorney links up deeds with the bond attorneys and bond cancellation attorneys.
  17. Deeds are lodged similtaneously in a batch 
  18. Deeds are registered at the deeds office
  19. Bond attorneys advise bank of registration and bank pays out in terms of guarantee issued
  20. The transferring attorney finalises his/her statement of account and attends to pay out the necessary parties.

DEEDS OFFICE PROCEDURE:

Once deeds are lodged at the Deeds Office the deeds will take approximately 10 to 15 days from date of lodgement to date of execution. The period it takes to register a deed is dependant on the work load of the examiners at the Deeds Office at the time the deeds are lodgedas well as the complexity of the matter. Below is a detailed breakdown of the path deeds travel in the deeds office from date of lodgement to date of execution.

  1. Deeds are lodged as a batch similtaneously by transferring, bond and bond cancellation attorneys
  2. Deeds are scanned and sorted
  3. Deeds are assigned to a Junior Examiner for examination
  4. Deeds are assigned to a Senior Examiner for examination
  5. A final check of the deeds are administered by the Assistant Registrars
  6. Deeds come up in the Preparation Room
  7. Attorneys finalise their finances and transferring attorney gives go-ahead to hand documents in for registration
  8. Deeds are executed /Registered

TRANSFER COSTS

PAYABLE BY THE SELLER
  1. Rates Clearance Figures
  2.  Certificates of Compliance
  3. Bond Cancellation Attorneys Costs
PAYABLE BY THE PURCHASER
  1. Transfer Duty Amount if applicable
  2.  Transfer Costs
  3. Bond Registration Costs
  4. Occupational Rental if applicable
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