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What your conveyancer does behind the scenes for you. Buying or selling a property can be a stressful experience, but an efficient conveyancing solicitor who makes the process smooth and effortless is worth their weight in gold. The following checklists will help you know what they are and should be doing. The legal work need not be a secret from you: • • • • The transferring attorney will normally receive the offer to purchase after the seller has accepted the purchaser’s offer. They will then peruse the offer to purchase to familiarise themselves with the content thereof and to ascertain whether the agreement is subject to certain suspensive conditions, i.e. whether the purchaser will apply for a bond to finance the purchase. Once the suspensive conditions have been fulfilled, the transferring attorney will prepare the transfer documents and arrange for the purchaser and seller to sign same. They will also apply to the relevant local authority for rates clearance figures, apply to the homeowners association (hoa) (if applicable) for any amounts due to the hoa, apply to the body corporate (in the event of it being a sectional title development) for levy figures and apply to the existing bondholder for the cancellation of the existing bond. The local authority will furnish the transferring attorney with the amount outstanding at the time of the application plus an advance portion being an estimate for 4 months in respect of rates and services. The seller will then pay this amount to the transferring attorney who will then pay same to the local authority in order to obtain a rates clearance certificate. The transferring attorneys will apply to the south african receiver of revenue • • • • • Jacques vd Merwe • (sars) for a transfer duty receipt and will pay the amount of transfer duty levied by sars to sars in order for them to issue the transfer duty receipt. Transfer duty is payable by the purchaser. If there is a hoa, the amount requested by them will be collected from the purchaser and the sell