Category Archives: Transfers

Deeds office slowdown

oostco-july-article4-blogNoteworthy delays have been experienced in the Deeds Office in the last while. These delays affect the duration and finalisation of transfers and we therefore wish to inform you of the following:

The current Deeds Office turnaround times are:

1. On Tuesday 2 July 2013, 1st level examiners examined deeds lodged on 25 and 26 June 2013.

2. On Tuesday 2 July 2013, 2nd level examiners examined deeds lodged on 12 and 13 June 2013.

3. This translates into a turnaround time of between 15-16 working days in the examination phase.

4. The reality is that a batch of three deeds, i.e. a basic transfer, bond cancellation and new bond, actually took 19 working days to come up for registration as at Monday, 8 July 2013.

5. The Deeds Office can be approached after 7 days to expedite the transfer if a rates clearance is about to expire and they will accept an extended rates clearance in these situations. This is very helpful for the transferring attorneys.

For further details herein or any assistance regarding your property affairs please contact Meyer De Waal ( or Mark Witzmann ( on 021 461 0065.

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Posted by on 18/07/2013 in Transfers


Seller’s prerogative to appoint conveyancer.

article4blogIt is a Seller’s prerogative to appoint his/her conveyancing attorney to transfer the property sold. Often, however, as with most negotiation it can be agreed that the Purchaser will use their attorney.

This often occurs over the issue of discounting of fees where the Purchaser’s conveyancer will give a discount to the Purchaser for procuring the transfer. However, Sellers must approach this with caution. If a Seller is comfortable with his/her conveyancer do not be lulled into giving away the transfer of your most valuable asset just because a Purchaser is getting a discount.

However, if a Seller is battling to sell and the offer is a decent offer but with the Purchaser using his/her conveyancer as a condition of sale, then the Seller must at least ensure that the Deed of Sale still reads as “the Seller’s conveyancer shall be………” ( and one then inserts the name of the law firm of the Purchaser’s choosing). That way the Purchaser’s nominated conveyancer still represents the Seller as the Seller’s conveyancer in the Deed of Sale. Do not therefore allow the estate agent or buyer to delete the words Seller’s Conveyancer in the Deed of Sale and replace with “Purchaser’s Conveyancer”.

The effect of this is that even though the Seller is using a conveyancer of the Purchaser’s choosing, the Deed of Sale strictly states that the conveyancer is still the Seller’s conveyancer.

Contact Mark Witzmann at or 021 461 0065 for more information on this topic.

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice.