Frequently Asked Questions

A straightforward property transfer typically takes 8 to 12 weeks from the date the offer to purchase is signed. This includes time for FICA compliance, obtaining rates clearance certificates, preparing documents, and the Deeds Office examination period of approximately 8–12 working days.

Transfer costs (including transfer duty, conveyancing fees, and Deeds Office fees) are paid by the buyer. The seller is responsible for rates and taxes up to the date of registration and for any bond cancellation costs on their existing mortgage.

Transfer duty is a tax levied by SARS on the acquisition of property. It is calculated on a sliding scale based on the purchase price. Properties purchased for R1,210,000 or less attract no transfer duty. The rate increases progressively up to 13% for amounts exceeding R13,310,000.

No. If the seller is a VAT vendor (such as a property developer), the purchase price includes VAT and no transfer duty is payable. The VAT is built into the price, so the buyer does not pay both.

You will need a certified copy of your ID or passport, proof of residential address (not older than three months, such as a utility bill or bank statement), and proof of your source of funds. If you are a company or trust, additional documents such as registration certificates and resolutions will be required.

The seller has the right to appoint the transferring attorney (conveyancer) unless the offer to purchase specifies otherwise. The buyer’s bank will appoint a bond registration attorney, which may or may not be the same firm.

A transfer moves ownership of the property from the seller to the buyer in the Deeds Office. A bond registration creates a mortgage (security) over the property in favour of the bank that granted the home loan. Both are registered at the Deeds Office, often simultaneously.

The buyer pays all bond registration costs. These include the bond attorney’s fee, VAT on the fee, and the Deeds Office registration fee. These costs are separate from and in addition to the transfer costs.

Bond registration fees are set by the Law Society of South Africa (LSSA) on a recommended tariff based on the bond amount. For example, a bond of R1,000,000 would attract an attorney fee of approximately R15,120 plus VAT. Use our online calculator for an exact estimate.

No. The bank that grants the home loan has the right to appoint the bond registration attorney. However, if you have a preference, you can request your bank to instruct a particular firm, and many banks will accommodate this where the attorney is on their panel.

Your existing bond must be cancelled when the property is transferred to the new owner. The cancellation attorney (appointed by your bank) will attend to this. The cancellation fee and Deeds Office fee are for the seller’s account.

An antenuptial contract is a legal agreement entered into before marriage that determines how the couple’s assets will be managed during the marriage and divided in the event of divorce or death. It must be signed before a notary and registered at the Deeds Office within three months of the marriage.

An ANC without accrual means each spouse retains their own assets separately – there is no sharing of estate growth. An ANC with accrual means that on dissolution of the marriage, the spouse whose estate grew less during the marriage can claim half the difference in growth from the other spouse.

If you marry without an ANC in South Africa, you are automatically married in community of property. This means all assets and liabilities are shared equally in a joint estate, regardless of who acquired them.

An apostille is an international certification that authenticates a document for use in another country that is a member of the Hague Apostille Convention. You may need an apostille on documents such as birth certificates, marriage certificates, or powers of attorney for use abroad.

A South African notary can authenticate certain aspects of foreign documents, but the document may first need to be apostilled or legalised in the country of origin. We can advise on the correct procedure depending on the document and its intended use.

Common reasons include: buying or selling a property, settling a deceased estate, divorce proceedings, municipal valuation objections, capital gains tax calculations, applying for a home loan, insurance purposes, and emigration financial planning.

A professional valuation is conducted by a registered valuer and produces a formal report that is accepted by courts, SARS, the Master’s Office, and banks. An estate agent’s CMA (comparative market analysis) is an informal opinion of value that does not carry the same legal weight.

The physical inspection typically takes one to two hours depending on the property size. The full valuation report is usually completed within five to seven working days after the inspection.

Yes. If you believe your municipal valuation is too high, you can lodge an objection during the objection period using a professional valuation report as supporting evidence. We can assist with both the valuation and the objection process.

Our offices are at 63 Long Street, Great Brak River, 6525, in the Western Cape. We serve clients throughout the Garden Route region including Mossel Bay, George, Hartenbos, Herolds Bay, Wilderness, and surrounding areas.

Not necessarily. Many transactions can be handled remotely using email, video calls, and powers of attorney. However, certain documents (such as notarial deeds) may require a personal appearance for signing.

Our office hours are Monday to Friday, 08:00 to 16:30. We are closed on weekends and public holidays. Appointments outside of regular hours can be arranged in urgent circumstances.

No. The calculators produce estimates based on current SARS, LSSA and Deeds Office tariffs and standard assumptions. Final costs depend on the specifics of your matter (number of parties, entity types, compliance certificates, bank initiation fees). We issue a formal pro-forma quote once we take instructions.

The Fidelity Fund Certificate is issued annually by the Legal Practitioners' Fidelity Fund. It allows a practising attorney to handle client trust monies and provides cover to clients in the event of theft of trust funds, subject to the Fund's rules and limits. You can verify our certificate during business hours.

Section 118 of the Municipal Systems Act requires the municipality to confirm that rates, taxes and service charges owed on a property for the two years preceding transfer have been paid. The Registrar of Deeds cannot register a transfer without the certificate, so sellers need to budget a rates clearance advance of two to four months.

South African banks apply the National Credit Act affordability assessment: they look at your gross income, existing debt commitments, household expenses and credit history. A common rule of thumb is that total debt repayments should not exceed 30% of gross income, but actual approval depends on the bank’s credit policy.

Before the marriage ceremony. The ANC must be executed before a notary public and registered at the Deeds Office within three months of execution. Couples who marry without an ANC are automatically married in community of property by default.

Please raise it with us directly first — we will acknowledge within two business days and revert within ten. If the matter remains unresolved, you may escalate to the Legal Practice Council at lpc.org.za. See our compliance page for full details.