Appointing a Conveyancer

In any property transaction within South Africa (aside from those occurring in Kwa-Zulu Natal) it is the Seller’s right to appoint the conveyancing attorney who will attend to the registration of the property transfer in the relevant Deeds office. This however is not the case in Kwa-Zulu Natal where the converse applies and the Purchaser appoints the conveyancing attorney.

In practice however, this right is not absolute as it can be determined by the terms and conditions of the Sale Agreement concluded between the parties in respect of the Sale of the Property. It may be the case that the Purchaser (outside of Kwa-Zulu Natal) makes it a condition of the sale that he/she appoints the relevant conveyancing attorney. In this instance, and should the Seller accept this condition, the Purchaser will have appointed the conveyancer.

Although the Purchaser finances the transaction, the election to nominate the conveyancer ordinarily rests with the Seller, as the Seller has the least interest in delaying the process of transfer. A delayed transfer will result in the Seller losing out on interest as well as other opportunity costs, it may also be the case that the property sold by the Seller is intended to finance the purchase of another. In this instance delays may cause substantial financial losesand unnecessary stress or embarrassment.

It is always important to consult with a professional prior to signature of a Sale Agreement. Ensure that you are always well advised of your rights as well as the relevant terms and conditions of the Sale Agreement. If you are uncertain in the face of any property transaction, get in touch with our team and let us guide you through the complexities of the transaction. We will ensure that your rights are protected and allow you to make an informed decision.