Legal Advice

a) Why you need a Conveyncer

It cannot be emphasised too strongly that anyone planning to buy property in South Africa must take expert, independent legal advice. From a registered conveyncer admitted as such by the supreme court of South Africa

If you aren’t prepared to do this, you shouldn’t even think about buying a property! Some people who buy a home in South Africa don’t obtain independent legal advice and most of those who experience problems take no precautions whatsoever. Of those who do take legal advice, some do so only after having paid a deposit and signed a contract or, more commonly, after they’ve run into problems.

SURVIVAL TIP

Never sign anything, or pay any money, until you’ve sought advice from a lawyer/ conveyncer who’s experienced in South African property law.

You will find that the relatively small cost (in comparison with the cost of a home) of obtaining legal advice is excellent value, if only for the peace of mind it affords. Trying to cut corners to save a few rand on legal costs is foolhardy in the extreme when a large sum of money is at stake.

Your lawyer will carry out the necessary searches regarding such matters as ownership, debts and rights of way.

Enquiries must be made to ensure that the seller has registered title and that there are no debts against a property.

It’s also important to check that a property has the relevant building licences, conforms to local planning restrictions and that any changes (alterations, additions or renovation) have been approved by the local authorities and have planning permission. If a property is owned by several members of a family, all owners must give their consent before it can be sold.

Before hiring a lawyer, compare the fees charged by a number of practices and obtain quotations in writing. Always check what’s included in the fee and whether it’s ‘full and binding’ or just an estimate (a low basic rate may be supplemented by much more expensive ‘extras’). You could employ a lawyer just to check the preliminary contract before signing it to ensure that it’s correct and includes everything necessary, particularly regarding conditional clauses.

You may be able to obtain a list of lawyers who speak your language and are experienced in handling South African property sales, either in South Africa or in your home country, e.g. British buyers can obtain a list from the Law Society in the UK. Note, however, that if you use a lawyer in your home country, you may have to pay extra fees, as your lawyer will certainly have to use the services of a lawyer in South Africa too.

Be careful who you engage, as some lawyers are part of the problem rather than the solution (overcharging is rife)! Don’t pick a lawyer at random, but engage one who has been recommended by someone you can trust.

b) What do I do when someone offers to buy my property?

The majority of buyers will not usually make an offer to buy your property during the initial viewing. Typically, a second viewing will be needed, but even then the buyer may feel more comfortable to make an offer over the phone or perhaps in writing. The following negotation tips may help you to close that all important deal:

• Don't Panic - Stay calm throughout and do not indicate any sign of eagerness to sell quickly or negativity about a buyer's offer
• Play Hard But Fair - Don't give ground easily and make sure that you try to get something in return for any concessions that you make.
• Consider & Respond To All Offers Carefully - Always think an offer through carefully and never make a quick decision. Most buyers will expect the seller to have some flexibility with the selling price. Estate agents deliberately mark the property value up since they know that negotiation will take place. Don't give the impression that the sale price is nonnegotiable as this could result in stalemate and you will lose a sale. However, think carefully before accepting the first offer if you feel its too low - if the potential buyer has been interested enough to make an offer it is highly likely that they will consider an improved offer.
• Maintain Good Relations Throughout - Once you have accepted an offer it is a legal contract and binding on all the parties.
• You Hold The Ace Cards - No one can force you to accept an offer if you don't want to. Even if you loose a potential buyer because you can't agree, don't worry, another will turn up and the more competition there is for your property, the stronger your hand becomes
  

c) Your Conveyancer

When you have to draw the contract with a prospective buyer you should pass their details on to your conveyancer .

For the Seller, you will also need to include the Seller's full name (your name and that of your wife or partner)

For the Buyer, include their full name and contact details, the name of the Buyer's Conveyancer, if applicable and their Mortgage Lender details with the amount to be borrowed. Finally, include a proposed date for registration that has been agreed between the Buyer and yourself .

Your Conveyancer will draw up the necessary legal documentation and organise exchange of contracts and completion of the sale of your property. If you do not have a conveyancer, then see our LINKS section for local professional contacts.

Agree a list of fixtures and fittings that will be included in the sale e.g. carpets, curtains, etc. and pass this list to your conveyancer. When making the list, go through each room with the Buyer and agree what is and what is not included in the sale.

Until contracts are signed, continue to advertise your property as nothing is legally binding before that point.

d) Is my registration information kept private?

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