Three Roles of Attorneys in Property and Conveyancing
Property and conveyancing attorneys work with the transfer of immovable property in South Africa. When you thus buy a property, there will be a conveyancing attorney, bond registration attorney, and bond cancellation attorney involved. Indeed, it is possible for the same firm of property and conveyancing attorneys to handle all three functions on the sale and transfer of a property.
Below is a brief description of the main function of each attorney in the transfer of property to help you understand the various roles of property and conveyancing attorneys in South Africa.
What Does the Conveyancing Attorney Do?
Also referred to as the transferring attorney or the conveyancer, it is the lawyer that handles the overall process of property transfer from seller to buyer. The conveyance attorney is usually appointed by the seller, but if so agreed by parties of the property transaction, the purchaser can choose his/her attorney to handle the transfer.
The conveyance attorney can be seen as the coordinator of the transfer process, and is the legal professional that lodges the required documents with the Deeds Office. The attorney approaches the municipality for the rates and tax clearance, makes sure the electricity or gas compliance certificates are in order, and ensures all paperwork is signed, and more. Part of the attorney’s role is to coordinate between the bond registration and cancellation attorneys, the estate agent, seller, buyer, and various authorities, including the Deeds Office, to ensure timely transfer of the property.
Where Does the Bond Registration Attorney Come In?
The bond registration attorney is appointed by the bank, and is responsible for the registration of a bond on the property where the purchaser buys the property through a bond. The documents are drafted by the attorney who also makes sure the relevant documents are signed by the buyer. The conveyance attorney can only lodge the transfer at the Deeds Office once the bond registration attorney is also ready to lodge.
Why the Need For a Bond Cancellation Attorney?
If the seller has a bond registered on the property, then it must be cancelled before the property transfer can take place. The bond restricts the transfer process. The bond cancellation attorney is appointed to handle the cancellation process. If the buyer applies at the same bank for finance as where the seller has a bond registered, then the bond registration and cancellation are sometimes handled by the same attorneys. In most instances, the process is handled by two different attorneys. The cancellation is essential for the transfer process, as a new bond cannot be registered by the buyer, and the property cannot be transferred before the cancellation has been done.
What Is Our Role in Property And Conveyancing?
We have a department focused only on property and conveyancing, and we are registered on the panels of all major banks in South Africa. As such, we can handle everything from the conveyance, to the cancellation and bond registration functions.