Real Estate Investor Magazine South Africa April 2016 | Page 35
WHEN LOOKING FOR A
CONVEYANCER ONE MUST
EXAMINE THE FOLLOWING
PRE-REQUISITES:
1 Is the conveyancer known?
2 Is the conveyancing firm well established?
3 Does the conveyancer have experience? Is the firm of
appointed attorneys outsourcing the transaction to a
conveyancing firm unknown to the seller? Not all firms
have conveyancers.
4 Does the conveyancer have experience in what you require
to be done?
the conveyancer on any potential concerns they have
with the prospective sale, any conditions of sale that
they feel are cumbersome, and especially if they are
concerned about the conveyancing going to someone
they have not heard of.
Sellers do not have to sign the offer to purchase
immediately, especially if the irrevocability clause
(the clause that determines when the offer expires) is
open for a while. Allow the conveyancer to check the
contract before you sign it to ensure the transfer of
your most valuable asset is goes smoothly, that your
rights are protected; that the clauses in the deed of
sale are correct and not one sided.
Choosing the right conveyancer is about choosing
the person who will afford you the quickest and
smoothest transfer in the least amount of time
with minimum hassles to you in the suggested
circumstances suggested.
www.reimag.co.za
Conveyancing is not only about the transfer of a property
from A to B. There can be some very complicated aspects
involved in conveyancing. A conveyancing attorney has a
specialized qualification and is not an ordinary attorney,
but rather a property legal specialist. Ensure that you are
dealing with the right specialist.
5 Is the conveyancer prepared to assist with the sales
transaction prior to the conclusion thereof?
A conveyancer will often be required to clear up issues on
more technical deals. For example, searches on the title
deed conditions and conditions lurking behind the pivot
deed (commonly found in the Western Cape); searches
at the Surveyor General’s Office to establish servitudes,
boundaries, caveats etc; searches on the sectional title
conditions to ascertain if there are tie conditions or the
real right of extension that is critical for a purchaser to be
made aware of (and often gets overlooked).
6 Is the conveyancer based in close proximity to a deeds
office? This can be very useful if information is required
urgently. Report backs can thus be swift.
7 Has the conveyancer or conveyancing firm got a sound
track record for accuracy and filing registrations on time?
So, when in doubt do not sign immediately, phone
your conveyancer who will be glad to assist by ensuring
an easy and swift registration process for you.
RESOURCES
Oosthuizen & Co, Meyer de Waal Attorneys
APRIL 2016 SA Real Estate Investor
33