If you're selling your property privately - without an estate agent - one of the most common questions is whether you still need a conveyancer. The answer is yes, and it's not optional.
But let's go beyond the simple answer and actually explain what a conveyancer does, what they cost, and how to choose a good one.
What Is a Conveyancer?
A conveyancer is a specialist attorney who is qualified to handle the legal transfer of property ownership in South Africa. They are registered with the Law Society and the Deeds Office.
In South Africa, the transfer of immovable property (land and buildings) can only be registered by a conveyancer. This is a legal requirement under the Deeds Registries Act. No matter how simple the sale, no matter whether you're using an agent or selling privately, the transfer must go through a conveyancer.
What Does a Conveyancer Actually Do?
Here's what happens behind the scenes when a conveyancer manages your transfer:
Receives the instruction. Once the Offer to Purchase is signed and the suspensive conditions (typically bond approval) are met, the conveyancer receives formal instruction to proceed with the transfer.
Collects FICA documents. They verify the identity and address of both buyer and seller as required by the Financial Intelligence Centre Act.
Applies for rates clearance. The municipality must confirm that all rates and service charges on the property are paid up to date before transfer can proceed. This often takes several weeks.
Obtains levy clearance. For sectional title properties, the conveyancer obtains clearance from the body corporate.
Requests bond cancellation figures. If the seller has a bond, the conveyancer requests the settlement amount from the seller's bank and arranges for the bond to be cancelled at transfer.
Prepares and lodges transfer documents. The conveyancer prepares the legal documents that effect the change of ownership and lodges them at the Deeds Office.
Receives and distributes funds. Transfer funds pass through the conveyancer's trust account. They receive the purchase price, settle the seller's bond, pay transfer duty to SARS, pay rates clearance costs, and pay the net proceeds to the seller.
Registers the transfer. The final step - the Deeds Office registers the new ownership and issues a new title deed in the buyer's name.
Who Appoints the Conveyancer?
In South Africa, the seller traditionally appoints the transferring conveyancer. This means the seller chooses their attorney, and the buyer pays the transferring attorney's fees.
This arrangement can seem counterintuitive - the buyer pays fees to an attorney appointed by the seller - but it's standard practice.
If you're selling privately, you can appoint any conveyancer you choose. Ask for recommendations from friends or family who have bought or sold recently, or research attorneys in your area who specialise in property transfers.
What Does a Conveyancer Cost?
Conveyancer fees are calculated according to guidelines set by the Legal Practice Council, based on the purchase price.
Approximate guidelines (excluding VAT):
| Purchase Price | Approx. Transferring Attorney Fee |
|---|---|
| R500,000 | R12,000 |
| R1,000,000 | R18,000 |
| R1,500,000 | R23,000 |
| R2,000,000 | R27,000 |
| R3,000,000 | R34,000 |
Add 15% VAT to all figures. These are guidelines - actual fees may vary slightly.
The buyer pays these fees, not the seller.
Choosing a Good Conveyancer
Not all conveyancers are equally responsive or efficient. A good conveyancer can make the transfer process smooth; a poor one can cause significant delays.
Look for:
- Specific experience in residential property transfers
- Clear communication and responsiveness
- Transparent fee quotes upfront
- Recommendations from people who have dealt with them recently
For a private sale, your conveyancer becomes your main professional support through the transfer process. Choose someone you can communicate with easily.