The Conveyancing Process

Similar documents
THE OFFER TO PURCHASE

PROPERTY TRANSFER GUIDE. Meeting your Unique needs

Mortgage Bonds and Conveyancing. March 2017

Buying Property in South Africa as a Non-Resident

CONVEYANCING TABLES OF COSTS

1. ELECTRICAL COMPLIANCE CERTIFICATE

Basic Diploma in Conveyancing Practice

CLIENT GUIDE TO CONVEYANCING MATTERS

INDEX. 23. FICA (Financial Intelligence Centres Act) and POPI (Protection of Personal Information Act)... 15

PROPERTY GUIDE YOUR KEY TO BUYING PROPERTY APRIL 2018

and the conveyancing guide

BUYING PROPERTY IN SOUTH AFRICA AS A RESIDENT OR NON-RESIDENT APRIL 2018

CONVEYANCING INFORMATION PACK

Informal/conditional Auction Terms and Conditions

HOME BUYERS GUIDE. communities.lendlease.com

SALE AGREEMENT IN RESPECT OF IMMOVABLE PROPERTY

THE PROCESS OF CONVEYANCING (The Business of Buying and Selling)

GENERAL NOTES ON COMPLETION AND UNDERSTANDING OF DEED OF SALE ( OFFER TO PURCHASE)

A step-by-step guide to... Help to Buy. Shared Ownership. hastoesales.com

INVESTIGATION INTO DELAYS IN ISSUING TITLE DEEDS TO BENEFICIARIES OF HOUSING PROJECTS FUNDED BY THE CAPITAL SUBSIDY. 13 April 2012

Our fees for residential conveyancing

Home Loans EASE THE BURDEN OF TAKING CARE OF A LOVED ONE S ESTATE

OFFER TO PURCHASE. I, the undersigned, Identity Number: Trust/Close Corporation/Company Nr. Marital Status. Address. Telephone Fax

DEED OF SALE BRITANNIA BEACH ESTATE (PTY) LTD (CASH OR BOND TRANSFER)

DEED OF SALE ST HELENA VIEWS SECURITY ESTATE (DELAYED TRANSFER)

OFFER TO PURCHASE. Entered into by and between. GOINDUSTRY DOVEBID S.A (PTY) LTD Registration Number: 1999/010629/07) (the AGENT ) And

ADVICE NOTE BUYING AND SELLING YOUR FLAT. A summary of the typical events when buying and selling a leasehold flat

ΠΑΡΑΡΤΗΜΑ Α THE GOVERNING TRANSFERS AND MORTGAGING PROPERTY LAWS OF 1965 TO (NO. 9) OF Regulations under Article 45

Correspondent. Conveyancing. Estates Family Law Litigation Personal injuries & 3rd party claims

Standard for the acquisition of land under the Public Works Act 1981 LINZS15005

OFFER TO PURCHASE IMMOVEABLE PROPERTY/DEED OF SALE. (South Africa)

DEED OF SALE SECTIONAL TITLE

CONVEYANCING NORTHERN BEACHES

AGREEMENT OF SALE. Between. Identity Number: Marital Status: of: (hereinafter referred to as "the PURCHASER") and. Identity Number: Marital Status:

DEED OF SALE BRITANNIA BEACH ESTATE (PTY) LTD (DELAYED TRANSFER)

PROPERTY LAW AND CONVEYANCING

OFFER TO PURCHASE. Constituting a DEED OF SALE. when accepted. IDENTITY NR/REGISTRATION NR: MARITAL STATUS: and

Selling residential property in England and Wales: the basics

RULES OF AUCTION AND AGREEMENT OF SALE. GoIndustry DoveBid S.A (Pty) Ltd Registration Number: 1999/010629/07) Duly represented by: CASPER ROSSOUW

YOUR GUIDE TO THE LEGAL PROCESS FOR SELLING A PROPERTY

COSTA RICA REAL ESTATE FREQUENTLY ASKED QUESTIONS (FAQs)

Homefile. A buyer s guide to home ownership

EXTERNAL GUIDE WITHHOLDING AMOUNTS FROM PAYMENTS TO NON-RESIDENT SELLERS OF IMMOVABLE PROPERTY IN SOUTH AFRICA

Real Estate Council of Ontario DISCIPLINE DECISION

HOME SWEET HOME A guide to buying and selling property.

RULES OF AUCTION AND CONDITIONS OF SALE


Selling by auction online: A guide for Sellers

YOUR CLIENT JOURNEY. When buying property with Scullion LAW

PROBATE & ESTATE ADMINISTRATION SERVICES


Steps in a Simple Conveyance of a Used Strata Property

AGREEMENT OF SALE IN THE DEVELOPMENT KNOWN DE LA ROCHE HEALTH AND LIFESTYLE VILLAGE, PAARL. Made and entered into by and between. ( the Seller ) And

DYASON INCORPORATED CONVEYANCING DEPARTMENT

TENANT APPLICATION INFORMATION

A GUIDE. For Sellers

Module 2: Property inspection role players

OVERVIEW OF THE STATUTORY LEGALITIES TO PRACTICE AS AN ESTATE AGENT AND THE ACCOUNTING AND AUDITING ASPECTS OF THE BUSINESS OF AN ESTATE AGENT

Medical Assistance ESTATE RECOVERY PROGRAM

Guidelines for Bank Owned offers

FIRST TIME HOMEBUYERS Moving forward together

RULES OF AUCTION TYPE OF AUCTION: PLACE OF AUCTION: TIME OF AUCTION: Somerset West, 7130 NAME & CONTACT DETAILS OF AUCTIONEER:

IMMOVABLE PROPERTY AUCTION CATALOGUE AUCTION DATE AND VENUE

Risk Management: Property Fraud

H O W T O B U Y I N Q ATA R J U N E

Short Street l Hawthorn Village. Short Street Hawthorn Village, On-Site

TENANT APPLICATION INFORMATION TENANT TO RETAIN THIS INFORMATION APPLICATIONS WILL NOT BE PROCESSED UNLESS ALL INFORMATION IS SUPPLIED

PROPERTY. ONLINE AUCTION TUESDAY, 16 TH AUGUST 2016 Closing from 14H00. Information Pack Expert Knowledge ERF 2850 KLEINVLEI

Instructions to managing agent

GENERAL INFORMATION PRIOR TO TAKING UP TENANCY

AGREEMENT OF SALE. Between IDENTITY NUMBER. ("The Seller") And. ("The Purchaser/s")

Selling property Guide

How we can support you. A simplified guide to finalising a loved one s bank accounts

OFFER TO PURCHASE OF IMMOVABLE PROPERTY

The learner can: 1.1 Give examples of types of transaction carried out in a conveyancing office.

Tenant Welcome Pack Procedure

PROPERTY. ONLINE AUCTION TUESDAY, 16 TH AUGUST 2016 Closing from 14H00. Information Pack Expert Knowledge ERF 9221 PAROW ALONG KING EDWARD ROAD, PAROW

RULES OF AUCTION AND SALE CONDITIONS AUCOR CORPORATE (PTY) LIMITED T/A AUCOR PROPERTY UPPER FLOOR, 105 CENTRAL STREET, HOUGHTON (011)

SONNENBERG & ASSOCIATES PROPERTY AND LEGAL ADVICE NEWSLETTER #21

DOUBLE STOREY COMMERCIAL BUILDING 5 YEAR LEASE IN PLACE WITH SHERIFF BRITS

RULES OF AUCTION PNKP Trading (Pty) Ltd (In liquidation)

TENANT APPLICATION INFORMATION TENANT TO RETAIN THIS INFORMATION APPLICATIONS WILL NOT BE PROCESSED UNLESS ALL INFORMATION IS SUPPLIED

THE EXPROPRIATION BILL

TERMS AND CONDITIONS AND RULES OF ONLINE AUCTIONS

***********A L E R T************

DEED OF SALE AUCOR CORPORATE (PTY) LIMITED T/A AUCOR PROPERTIES (the AGENT )

2 3 2 U n l e y R o a d, U n l e y, S A,

EAAB CONTINUOUS PROFESSIONAL DEVELOPMENT

Transfer duty on efiling

²

The Knowledge Resource. First-Time Home Buyers FOR. Your Agent Is the Best Guide Save Time, Money, and Frustration

Declaration. Copy of previous Phone, Electricity, Gas accounts Current Motor Vehicle Registration papers


Tozers guide to selling your home

SELLERS GUIDE. Town & Village Homes. Specialists in the Sale and Letting of Town and Village Homes

The learner can: 1.1 Give examples of types of transaction carried out in a conveyancing office.

PROPERTY LAW AND CONVEYANCING

APPLICATION FOR RESIDENTIAL TENANCY

The Deed of Sale. Mon notaire rend mes projets plus sûrs PARIS NOTAIRES INFOS

AGREEMENT OF SALE (AUGRABIES PARK)

Transcription:

The Conveyancing Process Offices Ruimsig Randburg Fourways Sandton Cape Town

Hello, we re Snymans! We re here to make your Property Transfer or Bond Registration as smooth and expeditious as possible. The conveyancing process seems dauting and complicated, particularly to those new to home buying or selling. We ve simplified the process for you below so that you ll understand exactly what s happening at each stage of your transfer, and what s coming next! If you have any questions, please don t hesitate to contact us and we ll gladly talk you through it. 1 The Exciting Part The Buyer & Seller sign the Sale Agreement. The Buyer s Bond is approved by the bank.* 2 Facts & Figures The relevant Conveyancing Attorneys are instructed to carry out the transfer and bond registration. The Attorneys collect: The Title Deeds and Cancellation Figures Rates Clearance Figures and Valuation Certificates Levy Figures* Guarantee Figures* 3 Sale Conditions The deal only proceeds when the suspensive conditions in the Sale Agreement are met (such as the sale of an existing property).

4 Signatures and Payments Once all conditions have been met, the transfer and bond documents are drafted by the relevant Attorneys. The Buyer & Seller sign the respective transfer documents. The Buyer signs the bond documents.* All relevant Transfer costs are paid by the Buyer. The Seller pays their rates, including advance rates if required.* The Transfer Attorney applies for a transfer duty receipt from SARS, a Rates Clearance Certificate and a Levy Certificate* and makes the necessary payments. 5 Compliance Certificates The Seller is now required to provide these compliance certificates: Electrical, Plumbing*, Beetle*, Gas*, Electric Fence* 6 Guarantees The Attorneys provide Guarantees from the Buyer s Bank for the purchase price, or the balance of the purchase price if a deposit is being paid up front. The Seller s existing bond on the property is prepared to be cancelled. The Attorneys ensure FICA Compliance as a protective measure against fraud. 7 Lodgement When all documents are signed, costs are paid and certificates obtained, the documents are prepared for lodgement in the Deeds Office. The documents are examined in the Deeds Office (±10 working days). After 7-10 working days, the Attorneys will be advised that the matter is Up for Registration and have 5 working days to finalise anything outstanding.

8 Registration and Proceeds The Conveyancers appear at the Deeds Office to register the Deeds. Ownership passes from the Seller to the Buyer. The Buyer s new Bond is registered.* The Seller s existing Bond is cancelled.* The Guarantees are paid.* The Seller is paid out the net proceeds. The Estate Agent is paid their commission. The new owner takes occupation of their new property. 9 The Finale The Buyer and Seller have long-since forgotten the process and have settled into their new lifestyles. After approximately 3 months, the original Title Deed and Bond Documents are delivered back to the Attorneys by the Deeds Office. The original Title Deed is delivered to the Bank (if the property is bonded) or to the Owner (if unbonded). A copy of these documents is normally sent to the Buyer & Seller by the Attorneys. * If Applicable

Transfer Glossary Attorneys involved in your transfer: Bond Attorney: Prepares the Buyer s bond documents for signature and registration. Cancellation Attorney: Cancels the Seller s bond. Transfer Attorney: Transfers the property from one party to another. Bond: When the bank lends money to a buyer to purchase a property, a bond document is lodged and noted against the title of a property in the deeds office to provide the bank security. Cancellation Figures: The amount still owing on the Seller s bond account that needs to be paid to the Seller s bank to cancel the bond. Compliance Certificates: Sellers are required to obtain certificates from certified service providers, stating that the property s electrical, plumbing, gas, beetle, and electric fence (if applicable) are all in good working order. Deeds Office: The Deeds Office is responsible for the registration, recording, management and maintenance of the property register of South Africa. FICA Compliance: The Financial Intelligence Center Act compels accountable institutions, such as banks and attorneys, to physically identify and verify the identities and existence of their clients as a preventative measure against fraud. Guarantees: The Buyer s bank will issue guarantees to the Seller s bank stating that the outstanding amount due on the Seller s bond will be paid upon registration of the property in the Buyer s name. Lodgement: When all documents are prepared and costs paid, the transfer-, bond- and bond cancellation documents are lodged at Deeds Office for simultaneous examining and registration. Occupation: The agreed date at which the Buyer gains full access to the property and the Seller will have vacated the property. It may be before, after or on date of registration of transfer. Rates Clearance Certificate: The Seller is responsible for settling all rates and municipal debt on a property, including a projected amount up until a future date (usually 3-4 months). Once settled, a certificate confirming payment has been made is generated by the relevant municipality. Rates Clearance Figures: The amount the Seller owes to the municipality for rates and services. Sale Agreement: A legally binding document, signed by the Buyer and Seller, stating the agreement of the sale and its conditions, as dictated by SA legislation. Also referred to as an Offer To Purchase (OTP). Suspensive Conditions: Any conditions specified in the Sale Agreement that need to be met in order for the deal to proceed, such as bond approval or the sale of an existing property. Title Deed: The legal document which provides proof of registration and states ownership of a property. The Title Deed is filed at the Deeds Office and contains details of the property etc. Transfer Duty: Transfer Duty is acquisition tax paid by the purchaser to enable the transfer of a property into their name. Get to know us a little better We d love to hear from you. w www.snymans.com e info@snymans.com t 087 350 9000 f facebook.com/snymans