Transfer Process

Property Transfer Process - How To:

Once your offer to purchase is accepted, the property transfer process begins. This legal procedure finalizes the change of ownership from the seller to you, the buyer. Here’s what you can expect:



Step 1 – Appointing the Transferring Attorney
The seller’s attorney, known as the Conveyancer, will handle the transfer. Their responsibilities include:
– Preparing all legal transfer documents.
– Communicating with both parties’ banks (if applicable).
– Ensuring the property is officially transferred into your name at the Deeds Office.

Timeline: Typically within the first week after the offer is signed.



Step 2 – Signing Transfer Documents
The attorney will reach out to you to sign the necessary documents, which include:
– Power of Attorney for the property transfer.
– Declarations for SARS and the Deeds Office.
– Bond registration forms (if applicable).

*Requirements:* Certified copy of your ID, proof of address, and marriage certificate/antenuptial contract (if relevant).



Step 3 – Payment of Transfer Fees & Costs
Before proceeding, the buyer must pay:
– Transfer duty (a tax payable to SARS, unless exempt).
– Attorney transfer fees (regulated by the Legal Practice Council).
– Bond registration costs (if applicable).

*Timeline:* Payment is generally due within a few days of receiving the attorney’s cost statement.



Step 4 – Bond Registration & Cancellation of Seller’s Bond
If you’re securing a home loan, the bank will appoint a bond attorney to register your new bond. If the seller has an existing bond, their bank will appoint a cancellation attorney to wrap that up. These attorneys work in tandem to coordinate a smooth handover.



Step 5 – Submission to the Deeds Office
Once all documents are signed, fees settled, and both banks are ready, the transferring attorney submits the documents at the Deeds Office.

*Timeline:* The process at the Deeds Office typically takes about 7–10 working days from lodgment to registration.



Step 6 – Registration & Handover
On registration day:
– The property is officially transferred into your name.
– The bank (if applicable) releases the loan funds to the seller.
– You receive the keys and can take possession (unless otherwise agreed upon).



Total Timeline: The entire transfer process typically takes 6–12 weeks from the date the offer is signed, depending on bond approval and attorney coordination


Legal Requirements in Summary
Only a qualified Conveyancer may transfer property in South Africa.
Transfer duty must be paid to SARS before registration.
All rates, taxes, and levies must be paid up to date before transfer.