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Only a conveyancing attorney, or conveyancer, is permitted to complete and register the relevant documents needed during the conveyancing process. But who has the authority to choose the conveyancer, the buyer or the seller?
Although the seller is often the one who appoints the conveyancer, some argue that the buyer should have a say, as they are responsible for the payment of the conveyancing fees. However, most conveyancers will recommend that standard procedures be followed, and that the seller include a clause in the sale agreement granting them the authority to appoint a conveyancer of their choice.
If you are planning to sell a property, there are a number of factors to consider, including the selection of a conveyancer. As a conveyancer is legally required to prepare the relevant transfer documentation and register the bond with the deeds office, they are a crucial part of the property transfer process.
In most cases, the seller chooses the conveyancing attorney. The conveyancer subsequently represents the seller during the property transfer process, despite the fact that the buyer must pay the conveyancing fees.
However, this is not the only available option when it comes to appointing the conveyancer. There are two alternatives available in addition to the above.
Occasionally, the buyer may request a conveyancing attorney of their choice instead of the seller. This may be because their conveyancer’s rates are more affordable than the seller’s chosen attorney, or because the buyer has a close relationship with the conveyancing attorney. In this situation the Seller will need to consent to the buyer’s conveyancer being appointed.
The conveyancer will however still be required to act on behalf of the seller.
In certain transactions where the property was marketed and sold by an appointed Estate agent, the Estate Agent can recommend at least Two conveyancing attorneys to the Seller, one of which can be selected by the Seller, if the Seller wishes, to attend to the transaction. The Estate Agent cannot recommend one Conveyancer only to the Seller as this is contrary to Section 58 of the Property Practitioners Act, 2019 and if not complied with, can result in the Conveyancer having to repay the fees to the Buyer, as set out in Section 58 of the Act.
To avoid delays and expenses during the conveyancing process, the seller should carefully consider who they appoint. The conveyancing department at Alan Levy Attorneys hosts a team of established and reputable conveyancing professionals that pride themselves on offering only the best service to their clients. Alan Levy Attorneys have been applauded time and again for providing swift and seamless conveyancing services.
Keep up to date with the latest news and informative content on conveyancing here.
This article is not intended to provide legal advice, but rather to educate readers on the subject of conveyancing and the role of a conveyancing attorney in South Africa, which is covered in more detail here. If you wish to sell your property without unnecessary delay or expense, you can trust Alan Levy Attorneys to deliver.
Contact Alan Levy Attorneys with any conveyancing questions, or to assist you with your matter.