What Does a Conveyancing Attorney Do?

Buying or selling a home is usually the biggest financial transaction a person ever makes, and the legal side of it is not something that can be settled with a handshake. In South Africa, ownership only changes hands once the transfer is registered at the Deeds Office, and only one kind of professional can make that happen: a conveyancing attorney.

If you have searched for a property lawyer or a conveyance lawyer and wondered what you would actually be paying for, this guide explains the role in plain language.

What Is a Conveyancing Attorney?

A conveyancing attorney, also known as a conveyancer or transfer attorney, is an admitted attorney who has passed the specialised conveyancing examinations and been admitted as a conveyancer by the High Court. Under the Deeds Registries Act, transfer documents must be prepared by a conveyancer before the Deeds Office will register them. Without one, the sale cannot be registered and ownership cannot legally pass to the buyer.

Not every property lawyer is a conveyancer. Many attorneys advise on leases, disputes and other property matters, but only a conveyancer can attend to the registration of a transfer.

Our article on who should use a property lawyer looks at the wider range of property matters an attorney can help with.

The Steps a Conveyancer Handles in a Property Sale

Once the offer to purchase is signed by the buyer and the seller, the conveyancer takes over the legal work. The process usually looks like this:

1. Instruction. The conveyancer is appointed to attend to the transfer. The seller normally appoints the transfer attorney, and the buyer pays the transfer costs unless the offer to purchase says otherwise.
2. FICA and documents. Both parties supply identity documents and proof of address, plus marriage, company or trust documents where relevant, so that the attorney can meet FICA requirements.
3. Title deed research. The conveyancer confirms that the seller is the registered owner and checks the title deed for existing bonds, servitudes and restrictive conditions that could affect the buyer.
4. Clearance certificates. The attorney obtains a rates clearance certificate from the municipality, a levy clearance for sectional title properties, a homeowners’ association clearance for properties in an estate, and the figures needed to cancel the seller’s existing bond.
5. Transfer duty. Transfer duty, or VAT where the seller is a registered VAT vendor, is calculated and paid to SARS before the Deeds Office will register anything. At the current SARS transfer duty rates, no duty is payable on property up to R1,210,000.
6. Drafting and signing. The conveyancer prepares the transfer documents and arranges for both parties to sign them.
7. Coordinating with the banks. If the buyer needs a home loan, the bank appoints a bond attorney to register the bond at the same time as the transfer, while the seller’s bank appoints a cancellation attorney. Your conveyancer keeps all of these moving together.
8. Lodgement and registration. The documents are lodged at the Deeds Office, examined and registered. Once registered, the buyer becomes the legal owner and the funds are paid out to the seller.

From signed offer to registration, a transfer can often take around eight to twelve weeks, depending on how quickly clearances, bank approvals and the Deeds Office process each step.

Why Buyers and Sellers Both Need One

A conveyancer protects both sides of the deal. For buyers, the title deed research can uncover problems before money changes hands, such as an unpaid bond or a restriction that stops you from using the property the way you planned. The purchase price is also handled through the attorney’s trust account, so it is only released when the transfer is properly registered.

For sellers, the conveyancer makes sure the existing bond is cancelled, that rates and levies are settled, and that your proceeds are paid out correctly after registration. If you are selling or buying in the northern suburbs, our team can assist as your conveyancing attorney in Kraaifontein or conveyancing attorney in Kuils River.

Conveyancing Attorney, Transfer Attorney or Bond Attorney?

These terms are often mixed up, so it helps to know the difference:

• Conveyancing attorney or transfer attorney: the attorney who registers the property in the buyer’s name. If you are looking for help with this step, see our page for a transfer attorney in Kraaifontein or a transfer attorney in Kuils River.
• Bond attorney: appointed by the buyer’s bank to register the home loan as security over the property.
• Cancellation attorney: appointed by the seller’s bank to cancel the seller’s existing bond so the property can be transferred free of it.

In practice, all three are conveyancers working on the same transaction, which is why good communication between them matters so much.

How to Choose the Right Conveyancing Attorney

Because the attorney handles large sums of money and legally important documents, it pays to choose carefully. Confirm that the attorney is an admitted conveyancer, ask for a clear written quote that separates professional fees from disbursements, and look for a firm that explains each step and responds quickly. Experience with your type of transaction also counts, whether that is a freehold house, a sectional title unit or a transfer from a deceased estate.

RCS Law handles property transfers, deeds of sale, bond registrations and cancellations, and sectional title registers as part of our wider property law services. Whether you are buying your first home or selling a long-held property, we will guide you through every stage so there are no surprises on the way to registration.

Ready to start your property transfer? CONTACT US today and let the RCS Law team take care of the legal work.