November 6, 2019

Trusting an attorney with your property transfer

Selling a property is a stressful process. Between looking for a new home, cleaning up the house and garden for show days, and organising movers, there’s much to do. Choosing the right transferring attorney can make all the difference to finishing up the sale smoothly and quickly.

The transferring attorney’s duties include co-ordinating with bond and cancellation attorneys if necessary, drawing up transfer documentation (and overseeing the signature hereof by both seller and buyer), and lodging and registering the transfer in the Deeds Office.   

Because of the intricacies of the system and the large sums of money involved, it’s best to work with a conveyancer that you know and trust, and who you can rely on to work as quickly as possible to transfer ownership of the property. Incorrect advice or errors on the behalf of the transferring attorney can result in many long and frustrating delays. 

That’s why it’s important to remember that, as a seller, you always have the right to choose your preferred attorney to handle the transfer of your property, even if an estate agent tries to insist on using an attorney they are associated with. According to both common law and the Estate Agents Affairs Board’s code of conduct, it is illegal for an estate agent to force a sellers to use an attorney they have not selected themselves. 

We have many years’ experience in conveyancing, and can also help draft and vet purchase and sales agreements. If you’re selling a property, contact our office on 011 347 0300 or info@lawmen.co.za to make an appointment.

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