Diana Vorster Inc

Diana Vorster Inc is dedicated to delivering top-tier legal services in Gqeberha (Port Elizabeth). We set the standard for Deeds Registration and Property Transfers locally by fostering strong partnerships with outstanding Estate Agents. This collaboration is grounded in unmatched industry knowledge and our steadfast dedication to client service.

What is the Role of a Conveyancer?

Conveyancers play a crucial role in property transactions, particularly in the sale of a house. Both sellers and buyers require conveyancing services for the successful completion of property sales. Despite their significance, many people find the responsibilities of a conveyancer somewhat unclear. This article aims to clarify the role of a conveyancer and the foundations of conveyancing fees.

When an individual decides to sell their property, they typically enlist the help of a conveyancer or solicitor to manage the necessary conveyancing tasks. The chosen conveyancer will usually initiate the process by writing to the seller, outlining the specific duties they will perform.

Once engaged, the conveyancer begins the essential work. They will issue information sheets covering details such as fixtures and fittings, property specifics, and leasehold information. The contents of these documents are critical as they form the basis of the sales contract exchanged between the seller and the buyer.

The conveyancer will subsequently request copies of the title deeds for the property from the land titles office. Unfortunately, this can be a lengthy process, so having your deeds readily available can significantly expedite matters.

Upon acquiring the necessary title deeds and land registry details, the conveyancer drafts a sales contract and forwards it to the purchaser’s conveyancer or solicitor. This contract is then provided to the buyers, who may return it with any questions or concerns they have.

At this point, the contract can be revised into a final version. Your conveyancer will confirm that the buyer’s mortgage has been approved and finalize any arrangements.

After addressing any issues that may have arisen, final contracts are prepared for signing, and a provisional exchange date is established. This leads to the final stage of the conveyancing process: the exchange of signed contracts and the collection of the buyer’s deposit.

In summary, a conveyancer will:

• Coordinate necessary building and pest inspections
• If applicable, review a strata inspection report
• Facilitate financing arrangements
• Examine and exchange the contract of sale
• Ensure the deposit is paid
• Manage stamp duty payments
• Draft and evaluate the mortgage agreement
• Conduct checks for outstanding arrears or land tax obligations
• Investigate any vested interests from government authorities
• Look into potential developments affecting the property (including local council and traffic authorities)
• Identify any undisclosed information (e.g., disputes or non-compliant construction)
• Review water and council rates and adjust accordingly for settlement
• Supervise the title change with relevant land and property authorities
• Complete final checks
• Represent you at settlement.

Conveyancing fees can vary significantly among different professionals and firms. It is essential to obtain a detailed and realistic quote before work begins, outlining the costs associated with conveyancing services.

Typically, conveyancing fees comprise a legal service fee and disbursements, which may include:

• Title search
• Certificate fees charged by authorities for services like water and electricity, as well as for schools and road maintenance
• Registration of the mortgage
• Photocopying costs.

Other potential expenses may encompass:

• Pest and building inspections
• A survey report
• Mortgage establishment fees
• Home/building insurance
• Valuation fees
• Mortgage insurance
• Stamp duty
• Mortgage duty
• Council and water rates

Conveyancers perform vital functions in the transfer of property ownership. Given the wide variation in conveyancing fees, it is advisable for consumers to conduct thorough research and be aware of all potential costs associated with conveyancing services.