Conveyancing and Property Transfers
Fyshe Incorporated’s primary function is to provide Conveyancing and Property Transfers in Pretoria East – something we excel at through our years of experience.
A large slice of our business is currently providing services to correspondents and other centres who need to lodge their documents in the Pretoria Deeds Office. We also specialize in local transfers of property.
If you need a conveyancing or transfer attorney in Pretoria, look no further…
How does a Transfer of Property take place?
- The seller of the property has the right to choose his or her attorney to attend to the transfer process. In the absence of such a choice, the Estate Agent will usually nominate an attorney.
- If the property is sold privately and Fyshe Incorporated is nominated by you, we will draft an agreement at no extra cost to cover your requirements. If you nominate us through an agent, we will be sent an agreement by the agent, from which we can ascertain the conditions set out therein.
- If the sale is unconditional, then the transfer can commence immediately. If subject to a bond, the transfer will commence once the bond is granted by the bank.
- The Bank will appoint their attorneys to attend to the registration of the purchaser’s bond and these attorneys will liase with the transfer attorney.
- If you have an existing bond, then cancellation attorneys will be appointed by your bank to attend to the cancellation thereof.
- On request from the transfer attorneys, your bank will supply cancellation figures and a guarantee will be requested from the bond attorneys to cover this amount together with interest, which runs until the date of cancellation.
- Both parties (the buyer and seller) will be requested to provide FICA documentation such as identity documents, proof of residential address, tax numbers and copies of marriage certificates, antenuptial agreements or divorce order and settlement agreements, if applicable.
- The transfer attorney will also apply for clearance certificates from the local authority as well as the body corporate or Home Owners Association if applicable.
- The Seller and purchaser will be requested to come in to sign all documents and the purchase costs will be paid by the purchaser.
- Transfer duty is applied for and paid by the transfer attorney. If the transaction is under R750 000.00, the transaction is exempt.
- Payment of the clearance figures is made and the necessary clearance certificate is obtained.
- Once the transfer duty receipt and clearances are obtained, the cancellation attorneys have their guarantee and the bond attorney has satisfied the bond institution’s requirements, then the transfer attorney will arrange lodgement in the deeds office with the bond cancellation attorneys.
- Registration is currently taking 4 to 6 days in Pretoria (but a lot longer in Johannesburg).
- After registration, the final accounts are drafted and all the relevant parties are paid.
Remember, before signing an agreement of sale (either privately or with an agent) consult with an attorney with conveyancing experience to make sure that your requirements are met and that your rights are protected.
