If the purchase price is secured by way of a mortgage bond, then the bank shall appoint a conveyancer to register the bond in the Deeds Office and the Purchaser shall be liable to pay the conveyancer’s fee.

If the Purchaser takes occupation of the property prior to registration then he/she shall be obliged to pay occupational rent to the Seller until date of registration. Occupational rent is agreed upon between the parties and reflected in the offer to purchase.

Pro-rata rates & levies

In order to obtain a rates and/or levy clearance certificate, the Seller will be required to make an advance payment of rates/levies. Pre-estimated amount of levies and/or Municipal rates may be requested from Purchaser and he/she will be refunded at registration of property, if any credit is due to him/her.

The Purchaser shall be liable to pay the Transferring Attorneys a fee for the transfer of the property which is calculated on a sliding scale based on the purchase price.

Transfer Duty is a tax levied by SARS in respect of the transfer of immovable property. Transfer Duty is calculated on a sliding scale based on the purchase price.

J LOMBARD ATTORNEYS INC.

Frequently Asked Questions

Find comprehensive answers to some of the most popular questions regarding the property transfer process.

By when do you need the Compliance Certificates?

Any compliance certificates that may be required should be obtained as soon as possible after signature of the sale agreement. If the Purchase price is secured by way of a mortgage bond, the bond registration attorneys may require the Compliance Certificates before they are able to lodge at the Deeds Office.

What happens to the Electricity Account after Registration?

If electricity is provided by Eskom, the Seller must call Eskom’s call centre to close the account. The Purchaser will also have to call the call centre to open the electricity account in their own name. If electricity is provided by the Council, such as the City of Ekurhuleni, the Seller and Purchaser will be required to attend at the relevant Council to close and open the account. We will provide you with all the necessary documents to complete this process.

When the account is closed, Council will calculate the refund due to the Seller on a pro-rata basis and the refund will be paid to the Transferring Attorneys.

When are the Transfer Costs & Transfer Duty payable by?

The Sale Agreement will dictate when the transfer costs must be paid, usually on request/demand by the Transferring Attorney and before signature of the transfer documents.

When will I receive the proceeds from the sale?

The proceeds of the sale are paid as soon as possible after registration, generally within 48 hours.

Who does the Transferring Attorney act for?

The Transferring Attorney is appointed by, and acts for, the Seller however, he/she also owes a duty of good faith to the Purchaser.

Find information below regarding the property transfer costs.

What costs are incurred by the Seller when selling immovable property?

Bond Cancellation Costs

If their is an existing bond registered over the property, such bond will have to be formally cancelled in Deeds Office. The Bondholder/Bank will appoint a conveyancer to attend to such cancellation and the Seller will be liable for the conveyancer’s costs.

Electrical Compliance Certificates

An Electrical Compliance Certificate (ECC) is required by law for the transfer of a property. The ECC must be issued by an electrician registered with the Department of Labour.

An Electric Fence System Certificate of Compliance (EFSCOC) is required by law for the transfer of a property if an electric fence system is installed on the property. An EFSCOC must be issued by an electrical fence system installer registered with the Department of Labour.

Entomologist Compliance Certificate

A Pest or Borer Beetle certificate must be issued by an Entomologist registered with the South African Pest Control Association to effect transfer of a property situated in Kwazulu-Natal, the Eastern and Western Cape.

Estate Agents Commission

Where an Estate Agent is the cause of the sale, their commission is payable by the Seller and is generally paid to the Estate Agency by the Conveyancers on date of registration of transfer.

Gas Compliance Certificates

A Certificate of Conformity for Gas Appliances (COCGA) is required by law for the transfer of a property if there are gas appliances installed at the property. A COCGA must be issued by a gas installer licenced in terms of the regulations.

Levy Clearance Figures

A Levy Clearance Certificate is required to effect transfer of a sectional title unit. In order to obtain this certificate, the Seller may be required to pay levies 2-3 months in advance. Any refund which may be due to the Seller will be calculated on a pro-rata basis at registration of transfer.

Plumbing Compliance Certificates

Where the property in question falls within the jurisdiction of the City of Cape Town Municipality, then a Plumbing Certificate of Compliance issued by an authorised plumber is required to effect transfer of such property.

Rates Clearance Figures

A Rates Clearance Certificate is required to effect transfer of a property. In order to obtain this certificate, the Seller will be required to pay rates 4 months in advance. Any refund which may be due to the Seller will be calculated on a pro-rata basis at registration of the transfer.

What costs are incurred by the Purchaser when purchasing immovable property?

J LOMBARD ATTORNEYS INC.

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