What is a Conveyancer?
When buying or selling property in South Africa, a conveyancer plays a crucial role in ensuring that the transfer process is legal, efficient, and seamless. Property transactions involve numerous legal steps, and having a qualified conveyancing attorney ensures that everything is done correctly. But what exactly does a conveyancer do?
At Burger Huyser Attorneys, we specialise in conveyancing and property law, ensuring that every transaction is handled with professionalism and expertise. transactions.
A conveyancer is a specialized attorney who is legally qualified to handle property transfers in South Africa. Unlike general attorneys, only admitted conveyancers can register property transfers at the Deeds Office. Their primary responsibility is to ensure that the legal ownership of a property is transferred correctly and efficiently.
Key Duties of a Conveyancer
A conveyancer’s role involves multiple legal responsibilities, from preparing documentation to liaising with financial institutions and government offices. Below are the primary duties of a conveyancer:
1. Drafting and Reviewing Sale Agreements
Before a property sale can proceed, the conveyancer ensures that the Offer to Purchase (OTP) is legally sound. This includes:
✅ Reviewing the agreement to ensure that it complies with South African property laws.
✅ Clarifying terms and conditions for both buyers and sellers.
✅ Addressing any legal risks or discrepancies in the contract.
2. Conducting Title Deed and Property Searches
Before a property can be transferred, the conveyancer must verify the ownership status and any existing restrictions or encumbrances on the property. This includes:
- Checking the title deed to confirm that the seller is the legal owner.
- Investigating for any bonds, servitudes, or interdicts that may affect the sale.
- Ensuring that the property is free from legal disputes.
This step helps prevent fraud and ensures that buyers receive clear ownership of the property.
3. Obtaining Clearance Certificates
Before the Deeds Office registers a property transfer, the conveyancer must obtain clearance certificates from the municipality and other relevant authorities. These include:
- Municipal Clearance Certificate – Confirms that rates and taxes are fully paid.
- Levy Clearance Certificate – Required for sectional title properties in complexes or estates.
- Electrical Compliance Certificate – Ensures that the property’s electrical installation meets safety standards.
- Pest, Plumbing, and Gas Certificates – Depending on the region, these may also be required.
4. Calculating and Facilitating Payment of Transfer Costs
Property transfers involve various legal costs and fees that must be handled before final registration. The conveyancer assists with:
- Calculating and collecting transfer duties payable to SARS (for properties over R1,100,000).
- Handling conveyancing fees and ensuring that all legal costs are settled.
- Paying outstanding municipal rates and levies on behalf of the seller.
This step ensures that there are no financial obstacles delaying the property transfer.
5. Liaising with Banks and Financial Institutions
For properties financed through a home loan, the conveyancer works closely with banks to register or cancel bonds:
- Bond Registration – If the buyer is taking out a home loan, the conveyancer ensures that the bank registers the bond at the Deeds Office.
- Bond Cancellation – If the seller has an existing mortgage, the conveyancer arranges for the cancellation of the bond once the property is sold.
This process ensures that all financial obligations related to the property are legally settled.
6. Lodging Documents at the Deeds Office
The most critical step in the conveyancing process is the lodgment of documents at the Deeds Office. This involves:
- Preparing all legal documents required for registration.
- Submitting the title deed, transfer duty receipts, and clearance certificates.
- Coordinating with Deeds Office examiners to approve the transfer.
Once the Deeds Office processes the documents, the property is officially transferred to the buyer, and the new title deed is issued.
7. Finalising the Property Transfer
After the property transfer is registered:
✅ The buyer receives legal ownership of the property.
✅ The seller’s bond (if any) is fully canceled.
✅ The funds from the sale are paid to the seller.
At this stage, the transaction is complete, and the buyer can take possession of the property.
Why Choose Burger Huyser Attorneys for Conveyancing?
At Burger Huyser Attorneys, we understand that property transactions can be complex. That’s why our team of expert conveyancers ensures that every step of the process is handled smoothly and efficiently.
✔ Expertise in Property Law – Our attorneys have years of experience in conveyancing and real estate law.
✔ Efficient & Transparent Process – We provide clear guidance on all legal steps and costs.
✔ Reliable Client Support – We keep you informed throughout the entire process.
✔ Competitive Pricing – We offer affordable conveyancing fees with no hidden costs.
Need a Conveyancer? Contact Burger Huyser Attorneys Today!
Whether you’re buying, selling, or investing in property, our team at Burger Huyser Attorneys is ready to assist you with expert conveyancing services. Let Burger Huyser Attorneys handle your property transfer with professionalism and efficiency. Contact us today.
Contact Burger Huyser Attorneys, and book a consultation.
To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:
Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358;  Pretoria call 064 548 4838;
Centurion call 061 516 7117; Alberton call 061 515 4699; Bedfordview call 061 536 3223
DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE
