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In our last blog, we looked at a case study of the possible problems that can arise when buying a house.
Let us look at the transfer process.

The transfer process can be described in a step by step conveyancing process.

Buying a house or selling a home and the legal process involved in transferring a property can be complicated.

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It is always best to get a professional help so that the legal professional can explain the process, the parties involved and the steps required to you so that you understand the legal process better.

There are 5 basic aspects to this conveyancing transfer process.
1. The Contract of Sale (or Offer to Purchase.)
*An agreement is first finalised by the seller and purchaser usually through an Estate Agent but it can be done privately.
*The seller usually nominates the transferring attorney (conveyancer.)
* The conveyancer is formally instructed and is sent a copy of the Contract of Sale signed by both purchaser and seller. He or she then communicates with the seller and the purchaser and also the agent, if necessary, regarding the fulfilment and compliance with the suspensive conditions eg the approval of a bond and other contractual obligations of the parties.

2. The Transferring Attorney (Conveyancer.)
* Requests FICA and supporting documents from both the seller and the purchaser.
*Prepares the transfer documents and the draft transfer deed on receipt of the above documents.
* The requests the municipal rates clearance figures from the local authority, body corporate and HOA clearance figures and obtains compliance certificates.

3. Figures and Certificates.
*The conveyancer transferring attorney then requests bond cancellation figures and the release of the title deed from the bondholder.
* Payment of the clearance figures are then requested from the seller and/or the purchaser and payment made whereafter the clearance certificates are applied for.
* The draft title deed and guarantee requirements are then sent to the bond registration attorneys.

4. The signing of Documents.
*The seller and purchaser are contacted to sign both the transfer and bond documents.
*The purchaser pays the transfer duty and transfer and bond costs to the respective conveyancers.
*The transferring attorney applies for a transfer duty receipt from SARS.
*Guarantees issued by the bond registration attorney are sent to the bond cancellation attorney.

5. Lodgement and Registration.
*The transfer documents, the bond cancellation and new bond documents are all lodged simultaneously at the applicable Deeds Office.
* After the deeds office vetting process; the registration is finalised between 7-14 days after lodgement.
The above are the 5 main steps of the transfer and bond registration process. It may sound simple but is a formal legal process; and must be executed properly, correctly and professionally.

We reiterate that if you are wanting to buy a house or transfer a property it is always best to first get proper, professional legal advice before you take this step in your life.

If you have a query regarding a house purchase, transfer or bond registration; please contact The Legal Advice Office direct and/or our legal consultant, Hugh, as early as possible for obtaining proper, professional legal advice.

Hugh was previously a practising conveyancer and has 20 years practical experience in the field.
His contact numbers are 082-0932304 (preferred) or 028-3162832, where you can leave a message if he is unavailable.

You can also send us an email to This email address is being protected from spambots. You need JavaScript enabled to view it. by clicking on the BUTTON on the left side of the page

Alternatively, please browse our website for more articles on this subject or send an email to one of our email addresses; either This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it. and we will revert within 48 hours.

Thank you.
The Legal Advice Office Team.


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Legal Advice Office

South Africa

Kandelaar Street, Vermont, Hermanus
Phone: +27 (0) 82 093 2304