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DRAFT GUIDELINE AS TO THE TRANSFER / CONVEYANCING PROCESS
 WHEN BUYING & SELLING PROPERTY

Herewith, a draft guideline as to the conveyancing / transfer process.  I will help you as much as possible.  It is best to register a transfer as quickly as possible at the Cape Town Deeds Office and at present registration takes approximately 8 weeks, all being well, to be effected at the Deeds Office in Cape Town.

  • Deed of Sale is signed and accepted by the Seller and Purchaser respectively;
  • Deposit is paid to the transfer attorneys, and invested in an interest – bearing account pending date of registration of transfer;
  • Documents are drawn by transfer attorneys;
  • Documents are signed by the Seller and Purchaser respectively;
  • The Purchaser pays the Transfer Duty to the transfer attorneys;
  • The Rates Clearance Application is sent to City Council and rates clearance figures are obtained.  The seller pays any amounts due to Cape Town City Council via the attorneys and a Rates Clearance Certificate is then issued to the transferring attorneys;
  • Bond documents are drawn by the bond registration attorneys and signed by the Purchaser;
  • Bond Cancellation instructions are issued to cancel the existing / current bond for the Seller;
  • Bond cancellation attorneys are instructed by the Bank via the transferring attorneys and then advise when they are ready to lodge, with regard to the existing bond that is registered over the property that has been sold;
  • Transfer Duty Receipt is received from  Receiver of Revenue;
  • Rates Clearance Certificate is received from the City of Cape  Town (or relevant Municipality);
  • Transfer Attorneys lodge and link up with the bond cancellation attorneys for the existing bond to be cancelled at the Deeds Office and Bond Attorneys for the new (Purchaser’s bond) to be registered simultaneously with the transfer on date of registration, at the Cape Town Deeds Office;
  • (One cannot have a bond registered over a property that you do not own and thus the transfer attorneys synchronise registration of transfer and bond cancellation of all existing bonds, registered over the property in question, that has been sold,  to be effected simultaneously  on date of registration of the transfer and new bond that the Purchaser is obtaining, at the Cape Town Deeds Office).
  • The balance of the Purchase Price is paid to the Transfer Attorneys Trust account and secured in full that being the difference (if any) between the Purchase Price less the bond amount granted by a recognised financial institution (bond),  less the deposit = the difference due – if any  - the full Purchase Price is to be secured in full and outright in order for registration to be effected successfully by the transferring attorney;
  • The deeds come up on “prep” at the Cape Town Deeds Office (approximately 12 days from date of lodgement and all being well).   
  • The transfer attorneys are working with 3 Government Offices – Receiver of Revenue to obtain the necessary Transfer Duty Receipt,
  • City Council – in order to obtain the required Rates Clearance Certificate and the Deeds Office.
  • Once the transfer attorneys have both the Rates Clearance Certificate and Transfer Duty Receipt then they may lodge at the Cape
  • Town Deeds Office – from lodgement to date of registration, all being well, registration will take approximately 12 working days to be effected.
  • When the property is registered at the Deeds Office ownership of the property has legally been passed from the Seller to the Purchaser and all existing bonds are cancelled on that same date as transfer and the new bond (if any) is registered simultaneously so in effect  - the transfer gets registered, all old / existing bonds are cancelled and the new bond for the Purchaser is registered at the Cape Town Deeds Office all on the same day and time upon date of registration, at the Cape Town Deeds Office. 
  • Upon date of registration, at the Cape Town Deeds Office, you become the legal, registered owner of the property which you have purchased.  The Deeds Office take approximately 3 months to “microfilm”  the Title Deed and then send same to the transfer attorneys. 
  • The original Title Deed is held by the bank as “security”  if / when there is a  new bond registered and a copy of same is sent to you as “proof” that you now own the property.   If there is no bond, then the Title Deed will be given to you for safe keeping.
  • The Title Deed is an extremely important document and needs to be kept in a safe place as one day if you ever sell the property, the transfer attorneys will require same to lodge in the Deeds Office for registration of that next transfer to be effected to the new owner if you should ever sell the property that you have purchased at a later date and in the future.
  • The Seller will furnish the Purchaser with a valid Electrical Compliance Certificate and Beetle Free Certificate – via the transfer attorneys – where applicable.  The Seller pays for these to be issued;
  • Bond Registration and Transfer Costs are for the Purchaser’s Account;
  • Estate Agent’s Commission and Bond Cancellation costs are for the Seller’s Account;
  •  

    This is a draft guideline only as to the conveyancing  / transfer process  Should you have any  queries whatsoever, please do not hesitate to contact me directly and I will help you as much as  possible. 


Property Transfer Process