Frequently Asked
Questions.
Conveyancing & Property Law
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Frequently Asked
Questions.
Conveyancing & Property Law
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1. What costs am I liable for as a seller of a property?
As the seller, you are generally responsible for the following costs:
- Property Practitioner’s Commission – As agreed with the property practitioner in your mandate.
- Compliance Certificates – The cost of obtaining the required certificates, such as the Electrical Certificate of Compliance. Depending on the property, gas, electric fence, and plumbing certificates may also be required.
- Rates Clearance Figures – Payment of all outstanding municipal charges, together with any advance amounts required by the municipality for the issue of a Rates Clearance Certificate.
- Levy Clearance Figures – Any outstanding levies and clearance costs payable to the Body Corporate or Homeowners’ Association, where applicable.
- Bond Cancellation Costs – The attorney’s fees charged for cancelling your existing bond, if a bond is registered over the property.
Every property transaction is unique, and additional costs may apply depending on the circumstances of the sale.
2. What costs am I liable for as a purchaser of a property?
As the purchaser, you are generally responsible for the following costs:
- Transfer Costs – Paid to the transferring attorneys for attending to the transfer of the property into your name.
- Bond Registration Costs – Paid to the bond registration attorneys for registering your home loan bond, where applicable.
- Occupational Rent – Payable to the seller if you take occupation of the property before transfer and registration have taken place.
- Transfer Duty – Amount payable to SARS on certain property transactions, depending on the purchase price and applicable exemptions.
The exact costs will vary depending on the value of the property.
3. How long does it take for a property to transfer?
Most property transfers usually take between 6 and 12 weeks from obtaining of bond grant.
During this period, rates and levy clearances and compliance certificates are obtained, transfer documents are prepared and signed, and all documents are submitted to the Deeds Office for registration of the transfer.
A proactive conveyancer can help keep the process on track and keep all parties informed throughout the transfer.
4. Are transfer costs and transfer duty the same?
No, transfer costs and transfer duty are two separate expenses.
Transfer Costs are the legal fees and disbursements charged by the transferring attorneys for attending to the transfer of the property into the purchaser’s name.
Transfer Duty is an amount payable to SARS on certain property transactions, calculated according to the purchase price and applicable thresholds.
Both costs are usually payable by the purchaser, but they serve different purposes and are paid to different parties.
Your conveyancer will provide a detailed cost estimate so that you understand exactly what is payable and when.
5. Are bond costs included in the transfer fee?
No, bond registration costs are separate from transfer costs.
Transfer Costs are paid to the transferring attorneys (appointed by the Seller) for registering the property in the purchaser’s name.
Bond Registration Costs are paid to the bond attorneys (appointed by the bank) to register the home loan (bond) over the property.
If you are purchasing a property with a bond, you will generally be liable for both transfer costs and bond registration costs.
Your attorneys can provide a detailed breakdown of all costs before the transfer process begins, helping you budget with confidence.
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