The purchaser and the seller enter into an agreement by way of an offer to purchase the immovable property, which then forms the basis of the transaction. The seller appoints the conveyancing/transferring attorney and if the seller has no specific preference, the agent may introduce a conveyancing/transferring attorney.
If applicable, the purchaser will apply for finance from a financial institution to enable him/her to purchase the property. The offer to purchase would normally include this provision as a suspensive condition – which means that it is required to happen before the sale may occur.
In general, there will be three conveyancing attorneys involved in a transfer transaction, as explained below in short:
- Conveyancing/Transferring attorney whom will attend to the transfer of the property from the seller to the purchaser.
- Bond attorney whom shall register the bond over the property in favour of the financial institution that awarded a home loan to the purchaser. The immovable property functions as the security in this type of loan. The bond attorney primarily represents the existing bondholder and secondarily the seller.
- Cancellation attorneyswill cancel the seller’s existing bond over the property. These attorneys primarily represent the new bond holder and secondarily the purchaser.
The conveyancing/transferring attorney manages the entire conveyancing process and takes the initiative for the remaining steps below. The conveyancing/transferring attorney will request the amount required to settle the sellers bond (“cancellation figures”) from the cancellation attorneys.
The conveyancing/transferring attorney will enquire from the bond attorneys whether or not a loan has been granted. In the event that a loan has been granted, the transferring attorney would also have to establish what loan amount is awarded to the purchaser. Should the loan granted be less than the purchase price of the property, a deposit will be due and payable by the purchaser.
The conveyancing/transferring attorney sends the cancellation figures to the bond attorney and then request guarantees for the payment of the purchase price, which the bond attorney then sends to the conveyancing/transferring attorney.
Should there be an existing bond over the property, the bond attorneys must issue two guarantees. The first is in favor of the cancellation bank for payment of the cancellation figures together with interest; the second is in favor of the conveyancing/transferring attorney for the remainder of the purchase price. In the event that there is no existing bond over the property which should be cancelled, there will only be one guarantee in favor of the conveyancing/transferring attorney for the payment of the purchase price.
The conveyancing/transferring attorney will send the original guarantee (in favor of the cancellation bank) to the cancellation attorney and will keep the original guarantee in favor of his firm on the office file.
The conveyancing/transferring attorney will request the rates, lights, water and refuse removal clearance figures form the local authority together with the levy figures from the home owners’ association or body corporate, if applicable. A transfer of a property cannot be registered in the Deeds Registry Office without such clearance certificate. It is important to note that the seller will be required to pay a few months in advance in order to obtain such a clearance certificate, but any credit at the date of transfer will be calculated on a pro rata basis as at the date of registration and the credit will be refunded to the seller.
The conveyancing/transferring attorney will now attend to the drafting of the required transfer papers and the parties will be required to attend at the conveyancing/transferring attorney’s office to sign such documentation. Each party will be required to provide their original identity documents and income tax numbers.
The purchaser will now be obligated to pay the conveyancing/transferring attorney’s transfer costs and the transfer duty. A pro forma account will be presented to the purchaser with estimated costs and the final account will only be provided after the property has been registered.
The conveyancing/transferring attorney will instruct all the other attorneys to lodge their documents simultaneously at the relevant Deeds Registry Office. The documents are now processed in the Deeds Registry Office and this can take up to 15 working days, provided that the documents were not rejected and does not need to be re-lodged again.
Once the transaction is registered in the Deeds Registry Office, the purchaser becomes the owner of the property. All the parties will be informed on the date of registration. The conveyancing/transferring attorneys will draft a final statement of account to showcase how the funds were applied throughout the transaction. The amount required to cancel the seller’s bond is paid and the seller receives the net proceeds of the sale.
The Deeds Registry Office will update its records and if there is a bond registered on behalf of the purchaser over the property, the original title deed will be sent to the relevant financial institution. If there is no bond registered over the property, the original title deed will be sent to the purchaser directly.
We are aware that every transaction is unique and we therefore advise that you consult our conveyancer to assist you in any transfer related queries you may have, so as to ensure that we can assist you in the transfer of your property in an effective and effortless manner.
For assistance e-mail us at email@example.com or phone us in 0861 088 088.
Key words: process of transferring property,