Survival Tips

Never sign anything, or pay any money, until you’ve sought advice from a 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 conveyncer 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 conveyncer, 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 conveyncer 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 conveyncer 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.

Professionals

There are professionals speaking English and other languages (particularly Dutch and German) in most areas of South Africa, and some expatriate professionals (e.g. architects, builders and surveyors) also practise there. However, don’t assume that a fellow countryman will offer you a better deal or do a better job than a South African (the contrary may be true). It’s wise to check the credentials of professionals you employ, whether South African or foreign. A surveyor may also be necessary, particularly if you’re buying an old property or a property with a large plot.

It’s never wise to rely solely on advice proffered by those with a financial interest in selling you a property, such as a builder or estate agent, although their advice may be excellent and totally unbiased.