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Navigating the Sale Process: A Comprehensive Guide

Writer's picture: Elmar CilliersElmar Cilliers

So, you've decided to sell your property or perhaps you're eagerly awaiting the keys to your new home. Whichever side of the real estate transaction you find yourself on, understanding the intricate dance of paperwork, attorneys, and financial institutions is crucial. Let's delve into the labyrinthine journey of property registration and the sale process.


1 Property Transfer:

First things first, when the decision to sell is made, the seller or agent informs the transferring attorney to initiate the property transfer. This triggers a series of events including obtaining the title deed and cancellation figures from the bank holding a bond over the property, and acquiring a statement of rates and taxes from the local authority.



2 Bond Attorney Contacts Transferring Attorney:

Simultaneously, the bond attorney gets in touch with the transferring attorney to discuss the available amount for guarantees and to request the draft deed of transfer and guarantee requirements.



3 Cancellation Attorney's Role:

The cancellation attorney steps in to cancel the seller's bond once a guarantee for the outstanding amount is received.



4 Transferring Attorney's Responsibilities:

The transferring attorney handles the bulk of the paperwork. They receive the title deed and cancellation figures, prepare the deed of transfer, and ensure the buyer and seller sign the necessary documents. The transferring attorney also manages the financial aspects, with the buyer covering transfer costs and taxes.



5 Bond Attorney's Involvement:

Meanwhile, the bond attorney collaborates with the buyer to prepare bond documentation, ensuring all financial aspects are in order. The buyer signs the documents and pays the associated costs. The bond attorney then issues guarantees and prepares the bond documents for submission to the Deeds Office.



6 Exchange of Documents:

Once guarantees are received, they're forwarded to the cancellation attorney. All documents, including the transfer, new bond, and cancellation bond documents, are then prepared for lodgment at the Deeds Office.



7 Deeds Office Procedures:

This is where the magic happens – well, almost. The Deeds Office meticulously checks all submitted documents, a process that typically takes two to three weeks. Once cleared, registration by all attorneys occurs on the same day.



8) Bank Pays Out:

On the big day of registration, the bank disburses funds in line with issued guarantees, sealing the deal and making dreams a reality.



9) Potential Delays and Precautions:

While the process sounds straightforward, several factors could throw a spanner in the works. Delays may arise from tardy document submission, failure to provide essential information, or hiccups with bond approval. It's wise to allow at least three months for the registration and transfer of the bond to cushion against potential delays.



10) Patience is Key:

In the whirlwind of excitement and anticipation, it's crucial to exercise patience. The sale process is a carefully choreographed ballet involving numerous players, each playing a vital role in ensuring a smooth transition.



Until next time, Elmar Cilliers #sellingcilliers..



Navigating the sale process can be a daunting task, but armed with knowledge and the right team of professionals, you can navigate the maze with confidence. Here's to smooth transactions and new beginnings!

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