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Property Transfers

To purchase or sell a property can be a daunting prospect. We have 15 years’ experience in property transfers and with all our attorneys being qualified conveyancers your journey to becoming a new property owner, or selling your most valuable asset, will be simple and stress free.

Our conveyancers personally deal with every step of the transfer process. Each transaction, big or small, is important to us and your transaction will never be delegated to secretaries as is widespread practice among many attorney firms.

Aside from the transferring process itself, we can also advise you on how best to go about buying or selling a property, what to look out for, in what entity to purchase the property and how to structure the transaction. In addition, we can prepare an offer to purchase specifically tailored for your needs, or we can review and advise you on the estate agent’s draft offer to purchase.
Our property transfer services include: -
Negotiation and preparation of sale agreements.
Transfer of agricultural and commercial property.
Advice on transaction structuring, purchasing entities and tax implications.
Deceased estates and divorce property transfers.
Due diligence investigations.
Low-cost housing.
Transfer of own title and sectional title property.
International and national sellers / buyers.
FREQUENTLY ASKED QUESTIONS
I want to transfer my property, but have lost the original title deed, what now?
In terms of Regulation 68 to the Deeds Registries Act you can apply for a certified copy of the title deed which will replace the lost title deed.
In terms of our divorce order my husband’s share in the property must be transferred to me, will I have to pay transfer duty to SARS before transfer can be effected?
No, there is no transfer duty payable when property is transferred to a former spouse in terms of a divorce order, irrespective of the value of the property.
I have purchased a property and before it was transferred in my name, I sold it to another person. Must the property first be transferred in my name before it can be transferred to the other party?
No, the transfer of the property from the previous owner to you and from you to the other party can occur simultaneously in the deeds office.
Must I settle my outstanding municipal account prior to transfer of my property?
Yes, before transfer can be registered a rates clearance certificate must be obtained from the municipality. All outstanding rates, taxes and services must be paid together with 120 days’ rates, taxes and services in advance. If you do not have the necessary funds, bridging finance can be arranged through the conveyancer pending the transfer.
Can my minor child who is 10 years old transfer property?
A child 7 years or older has the capacity to sell and transfer his property, however his guardian/s must assist him and the Master of the High Court or the High Court itself (depending on the value of the property) must consent to the transfer.