DUTIES OF CONVEYANCER IN PROPERTY TRANSFER
What is a conveyancing Attorney?
A Conveyancer is an Attorney who attends to the Deeds Office's property registration and transfer process. They are admitted attorneys who passed a specialized conveyancing examination and are admitted by the High Court of South Africa to practice as a conveyancer. The conveyancing Attorney, also known as the “transfer Attorney”, is usually appointed by the seller. Although the seller appoints the Conveyancing Attorney, conveyancing fees are payable by the buyer. It is expected of the conveyancing Attorney to act in the best interest of both the seller and buyer by giving effect to all the terms and conditions contained in the offer to purchase. This leads us to further elaborate on the duties of a Conveyancing Attorney.
What you can expect from your conveyancer
- To protect the interest of both parties.
- To explain the full transfer process to both parties.
- Make sure that both parties are fully aware of the suspensive conditions and/or offer conditions in the Offer to Purchase.
- To make sure that both parties are aware of the financial aspects of the transaction.
- To peruse the current title deed so as to make sure that there are no caveats or restrictive conditions that might influence or delay the registration.
- To make sure that the transfer documentation is correctly drafted and signed by both parties.
- As far as possible to provide all parties involved with progress reports.
- To comply to the date of registration as are stipulated in the Offer to Purchase.
- To attend to the payment of the finances as soon as possible after date of registration.
