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The role of a conveyancer in your property purchase

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A Conveyancer is an admitted attorney who has passed a written conveyancing examination and has subsequently been admitted to practice by the High Court of South Africa as such. A Conveyancer plays a major role in your transactions relating to property, as only a Conveyancer may prepare and execute Deeds/ documents for registration purposes at the Deeds Office.

Choosing a Conveyancer

It is common practice that the Seller of immovable property can choose the Conveyancer whom he/she/they would like to assist him/her/them in the transaction. However, it can be agreed upon between the parties that the Purchaser will choose the Conveyancer.  

One of the biggest misconceptions in respect of conveyancing matters is that the chosen Conveyancer must be located within the area of which the immovable property is located or even within the area where the Seller is residing. There exists no reason why you cannot choose a Conveyancer you know and trust to tend to your conveyancing matter if he/she is not located within these areas. Although the signature of certain documentation must be done before a commissioner of oaths, which in most cases will be the Conveyancer tending to the transaction, other arrangements can be made to overcome this obstacle.

Can I choose a Conveyancer even if I am selling my property through an estate agency?

Yes, yes, yes! It is extremely important to remember that you, as the Seller of your immovable property, have a right to choose the Conveyancer you wish to assist with your transaction. An estate agency may never force you to make use of a specific Conveyancer. You can most definitely demand that your transaction be dealt with by a Conveyancer of your choice.

The responsibilities of a Conveyancer

A Conveyancer’s most important role is to ensure that the entire process of transferring ownership of immovable property is done strictly according to the Regulations prescribed by the Deeds Office and the Deeds Registries Act 47 of 1937. 

Amongst other things, a Conveyancer is also responsible for the following:

  • To protect the interest of their client(s) throughout the whole process;
  • To ensure that all parties are aware of what the process entails and understands the extent of the process;
  • To keep the client(s) and/or agent(s) updated with the progress in the transaction;
  • Ensuring that all parties to the Deed of Sale are aware of the provisions contained therein, with specific reference to the suspensive conditions;
  • Preparing the necessary transfer documentation and arranging for the signature thereof;
  • To ensure that registration is done on or as close as possible to the date agreed upon in the Deed of Sale;
  • Notifying the parties of the date of registration;
  • Informing the parties of the finances relating to the transaction and making the necessary payments;
Why choose Faure & Faure Inc. Attorneys as your Conveyancer

Faure & Faure Inc has years of experience in conveyancing matters. We pride ourselves in our excellent client service where each client is treated with the importance, respect and appraisal they deserve. Owning immovable property is one of the most important investments you can make, trust us in assisting you in your property investment journey.

Article by Erika Oosthuizen, Attorney at Faure & Faure Inc.  For more information, contact 021 871 1200 or email contact@faurefaure.co.za

Erika Oosthuizen, Attorney. Contact her for more information about Conveyancing
Faure & Faure Inc. – Your partner in Law in the Paarl and Boland Area.

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