[Legal Advice] How to Sell or Buy Property | HMA Law
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Tips on Buying or Selling Property

There are a number of matters to consider if you are thinking of Selling or Purchasing a property. These are matters to consider PRIOR to signing a Sale Agreement.

  1. The seller usually has the right to appoint a CONVEYANCER to attend to the registration of the transfer at the Deeds Office. But the purchaser, who pays the transfer costs, may very well know a Conveyancer who may give him a discount on the conveyancing fees so this should be discussed up front with the Estate Agent (if applicable) and the seller. The appointment of the conveyancer is then done in the sale agreement and is a term of the contract.
  2. Transfer costs are based on the Law Society Tariff of Guidelines and it is calculated on the purchase price.
  3. The transfer costs include the transfer duty payable to SARS and a few other disbursements, such as the Deeds Office Fee, fee for Fica Verification of the parties, cost of clearance certificates etc. If a purchaser would like to know the costs of transfer please feel free to contact Hartzenberg-Mabeya Attorneys – contact details below- and a quotation will be provided at no cost.
  4. It may also be a good idea to have a CONVEYANCER check the sale agreement prior to signing same so the purchaser and seller are very clear about their rights and obligations. Once the agreement has been signed it can only be altered in writing and with both parties agreeing and signing an addendum.  
  5. Once the Conveyancer receives the signed sale agreement the process begins so that the transfer can be registered at the Deeds Office. The process will be explained to bot the seller and the Purchaser.

CONTACT DETAILS FOR HARTZENBERG-MABEYA ATTORNEYS

Tel : 021 761 0763 or 083 287 2401 (Alida)

EMAIL : alida@hmalaw.co.za