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Property Transfers

Buying or Selling a House

What actually happens between signing an offer to purchase and collecting the keys, explained in plain language.

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Where the legal process begins

A residential sale becomes legally binding once both parties sign the offer to purchase and any suspensive conditions, such as bond approval, are satisfied. From that point, the seller's attorney is generally appointed as the transferring attorney and takes charge of the conveyancing process, working alongside the purchaser's bond attorney where finance is involved.

What sellers should prepare

  • Copy of your identity document and, if married, your marriage certificate and antenuptial contract
  • Latest municipal account and levy statement, if applicable
  • Title deed or bond cancellation figures if the property is bonded
  • Compliance certificates: electrical, plumbing, gas and, where relevant, electric fence and beetle infestation

What buyers should prepare

  • Identity document, proof of residence and proof of income
  • Bond approval or proof of cash funds available
  • FICA documentation for the transferring and bond attorneys

From signature to occupation

Once instructed, we open a file, request the necessary clearance certificates and compliance documents, and prepare the transfer documents for signature. Guarantees are exchanged between attorneys, documents are lodged at the Deeds Office, and registration follows once the Registrar is satisfied that everything is in order. Occupation is usually arranged from date of registration unless the agreement specifies an earlier occupational interest arrangement.

Costs to budget for

Buyers should budget for transfer duty (where applicable), conveyancing fees, deeds office fees and, if a bond is being registered, separate bond registration costs. Sellers typically cover estate agent commission, outstanding rates, and the cost of any compliance certificates required to pass transfer.

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A typical residential transfer, once all documents and clearances are in place, takes roughly eight to twelve weeks, though bond approval and Deeds Office turnaround times can extend this.

Only if the agreement of sale provides for occupation before registration, usually with an occupational rent arrangement.

The seller usually nominates the transferring attorney, though this can be negotiated as part of the offer to purchase.

A condition that must be fulfilled, such as bond approval, before the sale agreement becomes fully binding. If it is not met by the deadline, the sale can fall through.

The seller typically pays commission to the estate agent, unless the agreement specifies otherwise.

A certificate confirming that electrical, plumbing, gas or other installations meet legal safety standards, usually required before transfer can proceed.

Only if both parties agree in writing. Once signed, the offer to purchase is a binding contract that cannot be unilaterally changed.

If bond approval is a suspensive condition and finance is declined within the agreed period, the sale generally lapses and any deposit is refunded.

Yes, transferring attorneys are legally required to verify the identity of all parties under the Financial Intelligence Centre Act before proceeding.

Transfer duty applies to most private sales; VAT applies where the seller is a registered VAT vendor selling in the course of their enterprise. The two do not apply together on the same transaction.

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