Legal Articles

In our previous two articles, we discussed in detail what factors contribute to delays in the transfer of property. Delays can be extremely frustrating for everyone involved and, what’s worse, is that often delays can cause unexpected costs from arising – costs that nobody prepared for.

In this article, we share some expert tips on how to minimize or avoid delays when transferring property from one person to another.

What Can Be Done to Avoid Delays?

Although avoiding delays entirely is almost impossible, there are some things that can be done to make the process as smooth as possible.

These include but are not limited to:

• Once you decide to buy or sell a property, first do your homework to make sure you are capable of paying for all the costs, and have the means necessary to proceed with the transaction
• Start saving for potential unexpected costs before you even officially put your house on the market
• Sellers must ensure their rates, taxes, and levies are paid up to date
• Sellers can give their bank notice, informing them in advance that they are preparing to sell their property
• Both buyers and sellers can familiarize themselves with the contractual obligations of the Deed of Sale. Doing so will avoid confusion and subsequently delays in the transfer process
• Sellers must give their bondholder 90 days’ notice to avoid late cancellation fees
• Both buyers and sellers should go over the Deed of Sale with a fine-tooth comb to make sure there are not inaccuracies
• Buyers and sellers should prepare their FICA documents and have them ready before starting the transfer process
• Buyers and sellers must ensure that they employ qualified and competent attorneys to manage the transfer and other legalities involved
• Sellers must be proactive in obtaining the relevant compliance certificates as soon as possible
• Buyers and sellers must try to be as involved as legally possible, encouraging open lines of communication and cooperation between all parties involved
• Buyers and sellers must submit all the required documentation in time, as per legal requirements, and without any omissions
• Be honest with attorneys and agents about your financial circumstances
• Try to find a real estate and conveyancing attorney who already have a working relationship

Van Deventer & Van Deventer Incorporated – Conveyancing Attorneys South Africa

Although it’s almost impossible to completely avoid delays in the transfer process, especially when there are other transactions linked to your transaction, it is possible to avoid unnecessary delays.

The easiest way to do this is to team up with one of our expert conveyancing attorneys in South Africa. We have teams in Cape Town and Johannesburg who are well-versed in the world of property transfers and can provide you with expert assistance.

Contact us to find out more.