Conveyancing in KwaZulu Natal
While Ownership of immovable property is an investment, there is a significant amount of work which goes into the ownership thereof. The conveyancing process involves the legal procedure which takes place in recognition of obtaining lawful ownership of immovable property. Ownership is acquired through the registration of the property into the name of the buyer in the relevant Deeds Office.
Depending on which part of the conveyancing process the conveyancer is dealing with, he/she will be appointed by specific parties as outlined below:
- The conveyancer transferring the property from seller to buyer will be appointed by the seller as it is the seller who this conveyancer will be representing.
- The conveyancer dealing with the cancellation of the seller’s mortgage bond will be appointed by the bank in whose favour the bond is taken out, therefore, this conveyancer will be appointed by the seller’s bank (ie. The bondholder’s bank).
- The conveyancer dealing with the loan to be obtained by the buyer of the property will represent the buyer and is appointed by the bank who is financing the purchase.
FREQUENTLY ASKED QUESTIONS:
The purchaser is liable for the costs in the conveyancing process including transfer costs, transfer duty, and bond registration expenses.
Prior to the registration process but most commonly after the relevant transfer documents have been signed, the purchaser must pay a deposit into the trust account of the agent or conveyancer who will invest the funds for the purchaser’s benefit. These funds will be used to cover the costs of the conveyancing process.
This depends on the value and/or purchase price of the property and is calculated in terms of the relevant tariff available from the Legal Practice Council.
Transfer duty is the levy due the South African Revenue Service, once again, calculated in accordance with the value and/or purchase price of the property.
The following website may be used for all SARS (transfer duty) related questions. Including the calculation and exemptions thereof:
The purchase of a property, be it for residential or commercial use, is a big one! It is therefore important to be well read before entrusting anyone to take care of the transaction.
The law firm’s services include:
- Assisting clients with the drafting & finalization of their preliminary contract
- Residential & commercial, conventional & sectional transfers in KZN
- Opening of sectional title registers & transfers therein
- Deceased estate transfers
- Donation transfers
- Divorce transfers
- Mortgage bonds
- Private bonds
- Notarial deeds, including servitudes
- Residential / commercial leases
- Agency conveyancing
- Agency conveyancing
No drafting of your documents is done by any of our secretarial staff. The importance of your documents requires that they are drafted by a qualified Conveyancer who also attends to all your queries and reporting, as well as all attendances at the Deeds Office to facilitate the registration of your documents in KZN.
In addition, no drafting is done by an automatic computer program. All your documents are personally drafted by the Conveyancing lawyer as every sale is unique to the parties. It requires unique attention and we abide by the maxim:
There’s a proverb which says:
‘To err is human’ but a human error is nothing to what a computer can do if it tries.” (Agatha Christie).
- We charge as per the appropriate party & party tariff;
- Our attorneys appear in the District and Regional Courts for trials and in the High Court for most interlocutory applications, judicial case management, and for settled trials thus saving on counsels fees;
- We have good relationships with local counsel to provide their services when warranted.
- We charge as per the prevailing LPC guidelines and are prepared to negotiate fees under certain circumstances.