Bio: Wimble Attorneys, with offices in Umhlanga and Ballito, specialises in property law and conveyancing. They’re passionate about guiding clients through buying and selling homes with clarity, care, and professionalism—making the process smooth, stress-free, and always centred on people.
Conveyancing Misconceptions
Most people are surprised at the transfer costs when purchasing a property. The biggest misconception is that all of those costs are the attorney’s fees.
Here’s how it really works:
- Transfer duty: This is a tax that goes to SARS on properties above a certain value.
- Transfer fees: This is the conveyancer’s professional fee, which is set according to the Legal Practice Council’s tariff (so it’s the same no matter which firm you use).
- Bond registration costs: Payable if you’re taking out a home loan.
- Municipal rates and clearance costs: These go to the municipality to ensure the property’s account is settled before transfer.
Because everything is paid at once, it may seem like one big bill from the lawyer, but really, the conveyancer is just collecting and paying these amounts on your behalf to ensure the transfer is handled safely and correctly.
Common Mistakes with Inherited Property
Thinking you can sell it or start advertising it straight away. A common mistake. Nothing can be done with the property until the Master of the High Court issues a Letter of Executorship and an executor is officially appointed.
The executor is the only person who has the legal authority to deal with the property, whether that means signing a sale agreement or transferring it into someone’s name. If heirs try to sell or market the property before that step, it can cause delays and even deem agreements invalid.
The safest way forward is to wait until the Executor is appointed and then work through them to make sure everything runs smoothly and legally.
The Value of a Deeds Office Search
A deeds office search is basically a background check on the property and its owner, and it can reveal a lot of information that you wouldn’t necessarily see just by looking at the property itself.
For example, a deeds search can show:
- Who the registered owner is, confirming that the seller is, in fact, the rightful owner.
- If there are any bonds or loans registered over the property.
- If there are servitudes or restrictions on the property (like a right of way or a building line restriction).
- The purchase history, the last sold date, and the rate.
This information is crucial because it protects both buyers and sellers from surprises later in the process. Without it, you could end up in a situation where you’ve agreed to buy a property that has hidden complications or restrictions that limit what you can do with the land.
Advice for First-Time Buyers and Sellers
Get organised early and know what to expect. A few simple steps can make the transfer process much smoother:
- Have your finances in order: Make sure your bond is pre-approved and that you’ve budgeted for all the costs (transfer duty, attorney’s fees, bond costs, and municipal charges).
- Respond quickly: When your conveyancer requests documents (like FICA documents or proof of payment), send them through as soon as possible. Delays often come from waiting on paperwork.
- Stay in touch: Ask questions. The more you understand each step, the less stressful the process will be.
- Plan for timelines: Transfers usually take 8-12 weeks, so avoid big moving plans too soon.
Buying your first home is exciting, and with the right preparation and guidance from an attorney, the process can be far less daunting.
Tel: 061 568 3541