Deeds Office computer printouts with details of the property, seller and purchaser are obtained directly from the Registrar's office via the internet.
Proof of identity, marriage status, residential address and income tax registration number are requested from the purchaser.
Cancellation figures and original title deed and mortgage bond (if applicable) are requested from the bondholder. In the case that the title deed is lost by the bank or the owner, an application in terms of Regulation 68(1) must be submitted.
The process is as follows:
Application in terms of Regulation 68(1) is drawn and sent to the bank or owner for signature. On receipt of the signed documents, it can be sent to the Deeds Office for lodging. It takes 10 – 14 days for registration. After registration, it takes 4 – 6 weeks for the Deeds Office to deliver the VA copy of the lost title deed. Upon receipt of the registered VA copy, the whole transaction (VA copy and transfer) can be lodged and registration is expected within 10 -14 days.
- The purchaser pays the deposit (if applicable) into the Conveyancer's trust account. The money is invested for the purchaser's benefit in an interest bearing account until date of registration.
- Application is made to the Municipality for the outstanding annual rates which must to be paid in advance before a rates clearance certificate can be obtained.
- In the case of Sectional Title units, the Managing Agent of the Body Corporate is requested to supply the levy figures and settle any outstanding levies in order to obtain a levy clearance certificate.
- Where a Home Owners Association is established, consent to transfer has to be obtained from the HOA and all outstanding levies need to be settled.
- Transfer documents are drafted. Appointments are made with both purchaser and seller for signing, or documents are sent via e-mail to the relevant parties or we make use of a correspondent to attend to the signing of the documents.
- The purchaser makes payment of all outstanding fees.
- Payment and documents are submitted to the Municipality to obtain a rates clearance certificate.
- Payment and documents are submitted to the Managing Agent of the Body Corporate to obtain a levy clearance certificate and consent for transfer.
- Payment and documents are submitted to SARS to obtain a transfer duty receipt.
- When a seller's Title Deed and cancellation figures are received from the bondholder, the new Deed of Transfer is drawn up and sent to the bond attorneys together with the necessary guarantee requirements.
- The bond attorneys will issue a guarantee for payment of the outstanding bond amount or balance of the purchase price.
- When all documents are obtained and signed off by the Conveyancer, they will be sent to the correspondents for simultaneous lodging at the Deeds Office - for registration purposes.
- It takes 10 – 14 days from lodging to registration of the property. Upon registration the Registrar of Deeds captures the new purchaser's name on the Deeds Office system.
- The Title Deed and registered Mortgage Bond will be released within 2 – 3 months after date of registration and sent to the Conveyancer. If there was a bond registered, the Title Deed is sent to the bondholder for safekeeping. If not, the Title Deed is sent to the purchaser.
A conveyancer is a lawyer specialising in property law who attends to the registration and transfer of fixed property. South African law requires that property transfers and registration of mortgage bonds be attended to by a conveyancer. Fees are generally charged according to a recommended rate set by the Law Society.
In a property transaction the seller has the right to appoint a conveyancer; they can waive this right if they wish. The fees are payable by the purchaser unless otherwise stipulated in the purchase agreement.