Instructing Wilma Ewest Attorneys
- Upon receipt of the offer to purchase, we:
- Make contact with the Seller and Purchaser and request FICA documentation from both parties;
- Request cancellation figures on the Seller's bond;
- Ensure that notice has been given to the existing bond holder to cancel the Seller's bond, so as to avoid penalties;
- Do a deed search to check what the correct property description is and to check for endorsements against the Property; and
- Apply for rates and levy (if applicable) clearance figures for the Property.
SIGNING TRANSFER AND BOND DOCUMENTS
- Once the bond has been approved you will be contacted to sign transfer documents at our offices; and
- We also request guarantees on the Purchaser's bond at this stage.
- The council issues rates clearance figures to us in the meantime. They issue clearance figures valid for a period of 4 months, and in effect require an advance payment;
- Because there is an overpayment the council usually refunds the credit a couple of months after date of registration; and
- In case of Sectional Title sales, a levy clearance certificate is also paid for and lodged.
- We usually receive guarantees on the Purchaser's bond at this stage;
- Guarantees are usually split up between the amount required to cancel the Seller's bond (the “plus” guarantee, because it is a capital amount plus interest) and the balance (“minus” guarantee) which is payable to the transfer attorney's trust account; and
- Because of the interest being paid on the guarantee, as well as the seller maintaining his bond payments until registration, there is usually an overpayment of interest on registration. The bank refunds the Seller any overpayment within a week after registration.
TRANSFER DUTY RECEIPT
- Transfer duty is payable on property sales with a purchase price higher than R750 000.00; and
- We have to pay this amount before lodgement in the deeds office and we lodge the original transfer duty receipt with our documents in the Deeds Office.
LODGEMENT AND REGISTRATION
- There are usually 3 law firms involved – Transfer, Bond Cancellation and the Bond Attorneys;
- Sometimes one attorney can attend to more than one of the above;
- The final stage in any transfer is the process of lodgement and registration in the Deeds Office;
A) LODGEMENT OF DOCUMENTS
- We lodge a power of attorney signed by the Seller, the transfer duty receipt, clearance certificate, the original title deed and a draft deed, which, on registration, will be certified as the new official deed oftransfer; and
- When ready, we will proceed to arrange simultaneous lodgement with the attorneys appointed to cancel the Seller's existing bond/s and those registering the Purchaser's new bond. All their documents will be lodged at the same day in the Deeds Office.
B) REGISTRATION OF TRANSFER
- Between 8 to 12 working days later, the document will come up for inspection and correction of possible minor errors. This process is known as being “on prep”. As soon as the files are totally correct, they will put forward for registration the next day.
C) FINAL ACCOUNTS
- Provided there are no complications or delays, the whole transfer process should take approximately six to eight weeks. On the day following registration,we account to both parties;
- The Seller's account will reflect the purchase price less deductions and disbursements including agent's commission (if applicable), cancellation costs, the amount paid to cancel the existing bonds, rates and taxes paid and other disbursements; and
- The Purchaser's account will also show the purchase price, all costs paid, all transfer and bond costs deducted, as well as other relevant credits or debits. The new title deed will be forwarded to the Purchaser's bank, upon receipt to be kept in their security department.
- The Financial Intelligence Centre Act, 38 of 2011 (FICA);
- As a primary accountable institution in terms of the Act, we have to establish and verify the identity of all our clients. We will require a certified copy of your identity document and proof of your residential address (i.e.: copy of your water and lights account), and your income tax number;
- Certificate of compliance for Electrical Installation; and
- A Certificate of Compliance in respect of the electrical installations is required in respect of the Property. The Seller is required to furnish this at his cost, and also to pay for repairs necessary for the certificate to be issued.