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BRIEF OVERVIEW OF THE REGISTRATION PROCEDURE FOR
TRANSFERS AND BONDS
TRANSFER:
- To
effect transfer of a property there must be a willing buyer
and a willing seller.
- The
buyer must sign the attached offer to purchase and complete
paragraph 16 of the attached contract.
- On
acceptance of the offer by the seller within the prescribed
period as indicated by the buyer in paragraph 16, the contract
is then a binding sale agreement.
- The
signed sale agreement must be forwarded to the transferring
attorneys who will attend to the transfer.
BOND:
- On
acceptance of the offer to purchase the buyer must apply
for a bond to finance the property.
- To
apply for the bond one can make use of a bond originator
who will be able to assist you with all your financial needs
in this respect. Click here
to apply
- The
originator will provide you with a list of all document
needed in order for them to apply for the bond on your behalf.
- The
originator will submit your bond to different institutions
therefore being able to provide you with the best possible
interest rates available.
- Once
the bond has been approved it will be forwarded to a bond
attorney who will attend to the registration of the bond
on your behalf.
PROCEDURE FOLLOWED BY ATTORNEYS TO EFFECT REGISTRATION
The transferring attorney attends to the registration and
manages the whole registration process. The transferring attorney
will attend to the following to enable registration:
- Request
cancellation figures on all existing bonds from the cancellation
banks;
- Request
clearance figures from the city council to obtain a clearance
certificate on the property (10 – 14 working days)
- Lodge
a application for a transfer duty receipt to the Receiver
of Revenue and obtain same.(5 – 10 working days)
- Will
enquire and liaise with the bond attorneys regarding the
bond registration and the bond amount granted and available
for the delivery of guarantees for the purchase price.
- They
will be informed by the cancellation bank who the attorneys
appointed by them will be for cancellation purposes.
- They
will obtain the necessary guarantees and will forward same
to cancellation attorneys for payment on date of registration.
- Client
will be contacted to sign the relevant documentation on
receipt of the cancellation figure and copy of title deed
from cancellation attorneys.
DEEDS OFFICE REGISTRATION PROCEDURE
DOCUMENTS TO BE LODGED:
(ON A NORMAL TRANSFER) – Documents may vary
1. Power of Attorney
2. Title deed (previously registered title)
3. New draft deed.
4. Clearance certificate
5. Transfer duty receipt
6. Any other documents necessary to affect registration of
the property and to proof the status of the parties.
DOCUMENTS TO BE LODGED:
(ON A NORMAL MORTGAGE BOND)
1. Power of Attorney
2. Mortgage bond.
• NOTE THAT THE TRANSFER, CANCELLATION AND
BOND MUST SIMULTANEOUSLY BE LODGED AND REGISTERED IN THE DEEDS
OFFICE.
1. On lodgement in the deeds office registration will be
affected in 10 – 12 working days.
2. Ownership of the property is transferred to the purchaser
on date of registration.
3. Payment of the purchase price by registering bank will
be affected within a period of 1 – 3 days.
PAYMENT OF COSTS WHEN PURCHASING OR SELLING YOUR PROPERTY:
THE SELLER WILL PAY THE FOLLOWING (UNLESS OTHERWISE AGREED
BY BOTH PARTIES IN WRITING ON THE OFFER TO PURCHASE)
• THE AGENT’S COMMISSION
• THE CANCELATION ATTORNEYS FEES;
• THE CLEARANCE FIGURE FROM YOUR LOCAL MUNICIPALITY
PAID IN ADVANCE FOR 120 DAYS
THE PURCHASER WILL PAY THE FOLLOWING (UNLESS OTHERWISE AGREED
BY BOTH PARTIES IN WRITING ON THE OFFER TO PURCHASE)
• TRANSFER DUTY TO THE RECEIVER OF REVENUE
• TRANSFERRING ATTORNEYS FEES FOR REGISTRATION OF TRANSFER
(INCLUDES DEEDS OFFICE FEES)
• OCCUPATIONAL RENT TO SELLER (IF APPLICABLE)
• PRO RATA CLEARANCE AMOUNT PAYABLE TO CITY COUNCIL
• BOND ATTORNEYS FEE FOR THE REGISTRATION OF BOND (INCLUDES
DEEDS OFFICE AND BANK FEES)
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