CONVEYANCING ATTORNEYS IN JOHANNESBURG AND CAPE TOWN
– Most South Africans are first time home buyers and need legal advice before the officer to purchase contract is signed –
WHAT IS CONVEYANCING?
Conveyancing is transferring immovable property, such as vacant land, a farm, an apartment or a house, from the seller to the buyer. The seller usually appoints the transferring attorney because the seller has the responsibility of ensuring that the transferring transaction is completed without any legal challenges, such as funds disappearing. With the electronic interception of emails and funds happening more frequently these days, the responsibility of the seller to appoint the conveyancer has become even more critical.
CHOOSING A TRANSFERRING ATTORNEY
Banks largely appoint the transferring attorney, who is usually a conveyancer, that is registered as a service provider with the bank. This does not prevent a seller from approaching his/her bank and requesting a specific alternative conveyancer. The seller should at all times be comfortable discussing the transferring process freely with the transferring attorney.
WHAT ARE MY RIGHTS AS A BUYER IN THE CONVEYANCING TRANSACTION?
Many buyers in South Africa are first-time buyers and often feel overwhelmed by the process of buying a home. Before signing this contract, the buyer must read and understand the Offer-to-Purchase. Once the buyer signs the Offer-to-Purchase contract, there is very little room to change its terms. Once signed, the buyer is forced to comply with the terms of the Offer-to-Purchase or pay substantial amounts as damages and penalties to the seller should non-compliance with the Offer-to-Purchase occur.
Julies Attorneys are registered conveyancers and will gladly review and explain the terms of an Offer-to-Purchase and provide advice during the negotiations of buying a home. It is important that the buyer have an attorney review the Offer-To-Purchase before it is signed.
THE IMPORTANCE OF PROFESSIONAL PROPERTY INSPECTIONS
It is required by law that all Sellers disclose any defects to the buyer before the buyer makes a final decision on the sale of a home. Often sellers need to be made aware of hidden defects of the house that they are selling. Therefore, the buyer must have a professional inspection done that could identify areas of maintenance and defects.
Julies Attorneys work with industry experts in the electrical, plumbing and construction areas, who can provide additional information to buyers and sellers of homes. This can significantly strengthen the negotiation power of a party and also indicate the real value of a property.
