The Legal Process

Steps in the Conveyance Process
Conveyance Charges

STEPS IN THE CONVEYANCE PROCESS
(This process is undertaken by the conveyance attorney)

    • Instructions are received from the agency. (Including names, copy of the offer to purchase, identity numbers and marital status of seller and buyer)
    • The Seller’s existing bondholder is contracted requesting the title deed and bond cancellation figures.
    • Written confirmation of the purchasers bond grant is obtained from the financial institution.
    • Rates and taxes or levies are paid in advance by the seller so that a clearance certificate can be lodged at the Deeds Office.
    • Cancellation figures and the title deeds are received from the attorneys acting for the seller’s bondholders. These figures are based on the actual amounts plus interest to transfer date.
    • Transfer documents and draft deed are drawn up.
    • Draft deed and guarantee requirements are sent to the new bondholders attorneys, for the drawing up of the guarantees.
    • The Purchaser’s new bond attorneys are advised of the guarantees requirements.
    • The Seller and Purchaser sign the transfer documents.
    • The Transfer costs are paid by purchaser prior to lodgment and registration.
    • The Transfer duty is paid to the Receiver of Revenue – a transfer duty receipt is obtained.
    • The Guarantees are received and forwarded to the seller’s existing bond holder’s attorneys – with a request that bond holder sign the consent to cancellation.
    • The Transferring attorneys, bond attorneys, and bond cancellation attorneys arrange to simultaneously lodge documents in the deeds office.
    • Registration takes place – usually 8 – 14 days after lodgment.
    • The agent, seller and purchaser are advised when the property is registered.
    • The existing bond is cancel and repaid, the commission is paid and the seller receives the balance.

General

    • It is recommended that you nominate an attorney specializing in conveyance. Please discuss the conveyance process with your agent, who will be able to assist you.
    • Delays during the transfer may occur. We suggest that in order to speed up the process, please respond as soon as possible to any request from the attorney.

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CONVEYANCE CHARGES

Cost Description Calculation How is it paid?
Deposit An amount that you have available to put towards buying your property. Loan amount x % deposit required. To the seller's transferring attorney.
Bond cost This is charged by the attorney for registering the mortgage bond. Calculated on total loan amount registered OR further advance amount. Total bond cost = conveyancing fee + VAT. Payment is to the registering attorney before registration - or the costs may be debited to the home loan account on registration subject to approval.
Transfer fee This is charged by the attorney for transferring the property into the purchaser's name. From 1 March 2006, transfer duty will be payable as follows:

Up to R500 000
No duty is payable

From R500 001 to R1000 000
Duty is calculated at 5% on the value above R500 000

From R1000 001 upwards
Duty is calculated at 8% on the value above R1000 001 plus R25 000
Paid to the transferring attorney.
Security assessment fee:
Assessed Value
less than R500 000
This is the charge levied by the bank for conducting an assessment of the property. 0,2 % of assessed value + VAT (min R114, max R969 incl. VAT). Debited to the home loan account.
Security assessment fee:
Assessed Value
greater than R500 000
R1 500 (VAT incl.)
Security assessment fee:
Building loans where Assessed Value is less than R500 000
0,5% of assessed value + VAT (min R285, max R1 425 incl VAT)
Security assessment fee:
Building loans where Assessed Value is greater than R500 000
R 3000 (VAT incl.)
Home loan initiation fee where loan amount is less than or equal to R500 000 This is a once-off fee levied by us for initiating the new home loan account. R199 incl. VAT. Debited to the home loan account.
Home loan initiation fee where loan amount is greater than R500 000 R1 250 (VAT incl.)
Deeds Office registration fees Charged by the Deeds Office for registering the title deeds and mortgage bond. For transactions registered from 1 November 2004.

To register title deeds:
Up to R80 000: R55.

R80 001 - R150 000: R200 per registration.

R150 001 - R300 000: R260 per registration.

R300 001 - R500 000: R340 per registration.

R500 001 - R1 000 000: R400 per registration.

R1 000 001 - R2 000 000: R500 per registration.

R2 000 001 - R3 000 000: R650 per registration.

R3 000 001 - R5 000 000: R800 per registration.

Over R5 000 000: R1 000 per registration.

To register mortgage bonds:
Up to R150 000: R200 per registration.

R150 001 - R300 000: R260 per registration.

R300 001 - R500 000: R340 per registration.

R500 001 - R1 000 000: R400 per registration.

R1 000 001 - R2 000 000: R500 per registration.

R2 000 001 - R3 000 000: R650 per registration.

R3 000 001 - R5 000 000: R800 per registration.

Over R5 000 000: R1 000 per registration.

To register title deeds: Buyer to pay transferring attorney.

To register mortgage bonds: Buyer to pay registering attorney.

Example: Transfer of property to an individual
Property purchase price R200 000
Amount to be registered R200 000
Payable to the bank
Initiation fee R199,50
Security assessment fee R456,00
Sub-total R655,50
Payable to the attorney
Transfer Costs
Transfer Duty* R0,00
Attorney fees R3 500,00
VAT* R490,00
Total Transfer Costs R3 990,00

Bond Costs
Attorney's Fees R2 200,00
VAT* R308,00
Total Bond Registration Costs R2 508,00
Deeds Office Fees
For registering the title deeds** R260,00
For registering the mortgage bond** R260,00
Sub-Total R520,00
TOTAL COSTS PAYABLE R7 673,50


*on behalf of the South African Revenue Services
** on behalf of the Deeds office

 

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Newsletter: 9 May 2008 to 16 May 2008 - Goodwood, Cape Town, Western Cape, South Africa


View Properties in the Western Cape View Properties in Goodwood Newsletter 9 May 2008

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