Buying or selling property? Let us handle the legal process from agreement to registration.

Buying or selling property is one of the biggest financial transactions you are likely to undertake. A property transfer involves much more than signing an Offer to Purchase. Important legal, financial and administrative requirements must be completed before ownership can be registered in your name.

A delay in the transfer can have real financial consequences, including additional occupational rent, interest, delayed payment of the purchase price and, in some circumstances, the risk of a transaction falling through.

At Tjale Jubilee Attorneys, we assist you with the conveyancing and property transfer process from the initial instruction through to registration at the Deeds Office. 

When Do You Need a Property Transfer Attorney?

You may need conveyancing assistance when you are:

• Buying or selling residential property
• Buying or selling commercial property
• Transferring ownership of a property
• Registering a new mortgage bond
• Cancelling an existing mortgage bond
• Transferring property from a deceased estate
• Transferring property pursuant to a divorce settlement
• Dealing with a sectional title property
• Dealing with transfer-related problems or delays
• Reviewing a sale agreement before you sign it

We can advise you on the legal aspects of your transaction and guide you through the requirements applicable to your particular circumstances.

Before You Sign the Offer to Purchase

One of the most important stages of a property transaction is before you sign the sale agreement.

Once you have signed an agreement, you may be legally bound by its terms. The agreement may contain important provisions dealing with:

• The purchase price
• Deposit requirements
• Suspensive conditions
• The date of occupation
• Occupational rent
• Fixtures and fittings
• Transfer requirements
• Breach and cancellation
• Penalties and other obligations

If you are unsure about any part of the agreement, obtaining legal advice before signing can help you understand exactly what you are committing yourself to.

Don’t wait until a dispute arises to read the agreement carefully.

How We Handle Your Property Transfer

1. Sale Agreement and Initial Instruction

We review the relevant information and documentation and receive the instruction to attend to the transfer.

Where appropriate, we can also assist you with reviewing the sale agreement before you sign it.

2. Verification and Documentation

We obtain the information and documentation required for the transaction, including the relevant property and ownership information and the documentation required from the buyer and seller.

3. SARS and Transfer Duty

Depending on the transaction, transfer duty and other SARS-related requirements must be addressed before registration.

We assist with the relevant SARS process and work towards obtaining the documentation required for registration.

4. Municipal and Other Clearances

Property transfers can require municipal rates clearance and, in sectional title transactions, levy-related clearance requirements.

We attend to the relevant requirements and work with the parties responsible for providing the necessary information and documentation.

5. Bond Registration or Cancellation

If you are purchasing the property with a mortgage bond, the bond-registration process must be coordinated with the transferring attorney and relevant bank.

If you are selling a property subject to an existing bond, the bond must generally be dealt with as part of the transfer.

We coordinate with the relevant bond-registration and bond-cancellation attorneys where applicable.

6. Signing of Transfer Documents

Once the necessary requirements have been attended to, the relevant parties sign the transfer documentation.

We explain what you are signing and what is required from you before the matter can proceed to lodgement.

7. Lodgement at the Deeds Office

Once the documents and requirements have been completed, the transaction is lodged at the Deeds Office for examination.

Where applicable, the transfer, bond registration and bond cancellation processes are coordinated for lodgement.

8. Registration

Once the transaction is successfully registered, ownership is transferred to the purchaser.

The relevant financial arrangements are then finalised and the parties receive the applicable statements and documentation.

What Can Delay a Property Transfer?

A transfer can be delayed for many reasons, and identifying problems early can make a significant difference.

Common causes of delay include:

• Outstanding municipal requirements
• Delays in obtaining rates clearance
• Outstanding sectional title levy requirements
• SARS queries or outstanding documentation
• Delays in obtaining bond approval
• Delays in obtaining bond cancellation figures
• Missing or incomplete FICA documentation
• Problems with the title deed
• Incorrect information in the transfer documents
• Unresolved conditions in the sale agreement
• Complications involving a deceased estate
• Delays by one of the parties or institutions involved in the transaction

If your transfer appears to be stuck, we can assess the matter and help identify what is holding it up.

Deceased Estate Property Transfers

Transferring a property following the death of an owner can involve additional legal requirements.

The property forms part of the deceased estate, and the transfer may need to be dealt with alongside the estate administration process.

We can assist with property transfers arising from deceased estates and advise you on the documentation and processes that may apply.

Divorce-Related Property Transfers

A property may need to be transferred from one spouse to another following a divorce or as part of a divorce settlement.

These transactions require careful attention to the divorce order, settlement agreement and ownership of the property.

We can assist with the legal aspects of transferring property pursuant to a divorce settlement and help you understand the requirements involved.

Sectional Title Property Transfers

Sectional title transactions can involve additional considerations, including body corporate requirements, levies and applicable clearance documentation.

We assist with the conveyancing aspects of sectional title transfers and work to ensure that the relevant requirements are addressed before registration.

Commercial and Investment Property

Commercial property transactions can involve significant financial interests and more complex contractual arrangements.

Whether you are acquiring, disposing of or transferring commercial or investment property, we can assist with the legal aspects of the transaction and coordinate the conveyancing process.

Who Pays the Costs of a Property Transfer?

The costs of a property transaction depend on the circumstances and the terms of the sale agreement.

Generally, the purchaser is responsible for the conveyancing costs associated with the transfer and, where applicable, transfer duty.

The seller may have costs associated with matters such as an existing mortgage bond, municipal requirements and other obligations arising from the transaction.

The parties’ responsibilities can differ depending on the agreement and circumstances.

We can explain the expected costs applicable to your transaction so that you have a clearer understanding before proceeding.

Can You Choose the Conveyancing Attorney?

The conveyancing attorney is commonly nominated in the sale agreement, and the parties can negotiate the terms of the transaction.

If you are buying or selling property, it is important to understand the role of the transferring attorney and the legal work that must be completed before registration.

If you have concerns about the conveyancing arrangements in your transaction, obtain legal advice before signing the agreement.

How Long Does a Property Transfer Take?

There is no single timeframe that applies to every property transfer.

A straightforward transaction may progress relatively quickly once all requirements have been satisfied, while matters involving bonds, deceased estates, municipal issues, SARS requirements, title-deed problems or other complications can take considerably longer.

We monitor the progress of your matter and work with the relevant parties to address outstanding requirements and avoid unnecessary delays.

Frequently Asked Questions

What is a property transfer?

A property transfer is the legal process through which ownership of immovable property is transferred from the current owner to the purchaser and registered in the purchaser’s name at the Deeds Office.

Do I need an attorney when buying or selling property?

Yes. The transfer of ownership must be attended to through the conveyancing process, and a conveyancer is responsible for preparing and lodging the necessary transfer documentation.

Should I have my Offer to Purchase reviewed before signing?

If you are uncertain about the terms of the agreement, it is advisable to obtain legal advice before signing. The agreement can contain important obligations and conditions that affect your rights and financial responsibilities.

What happens if my property transfer is delayed?

The first step is to identify why the transfer is delayed. It may be a municipal, SARS, bond, documentation, title-deed or contractual issue. We can assess the matter and advise you on the appropriate steps.

Can property be transferred after a divorce?

Yes. Property may need to be transferred pursuant to a divorce order or settlement agreement, depending on the circumstances. The relevant documents and ownership arrangements must be carefully considered.

Can a property from a deceased estate be transferred?

Yes, but the process can involve additional requirements because the property forms part of the deceased estate. The transfer must be dealt with in accordance with the applicable estate and property requirements.

Do you assist with bond registration and cancellation?

Yes. We can assist with the conveyancing aspects of transactions involving mortgage bond registration and cancellation and coordinate with the relevant parties.

Why Choose Tjale Jubilee Attorneys?

Your property transaction deserves careful legal attention.

At Tjale Jubilee Attorneys, we focus on providing:

Clear advice
We explain the process and the documentation you are required to provide.

Practical assistance
We help you navigate the legal and administrative requirements involved in the transfer.

Attention to detail
Property transactions involve important legal documents and financial consequences. We approach each matter carefully.

Communication
We keep you informed about the progress of your transaction and explain issues that require your attention.

A proactive approach
Where problems arise, we work to identify what is delaying the matter and what steps can be taken to move it forward.

How Tjale Jubilee Attorneys Can Assist

We assist with:

• Residential property transfers
• Property sales and purchases
• Transfer of ownership
• Bond registrations
• Bond cancellations
• Deceased estate property transfers
• Divorce-related property transfers
• Sectional title transfers
• Commercial property transfers
• Sale agreement review
• Transfer-related problems and delays

Whether you are preparing to buy, selling your property, transferring property following a divorce or deceased estate, or dealing with a delayed transfer, Tjale Jubilee Attorneys can assist you with the legal process.

Call us on +27 11 244 8940 or contact our office to discuss your property transaction.