How Long Do Property Transfers Take?

What To Expect When You’re Buying A Home

Home ownership is a cornerstone of developing financial freedom. If you’re considering purchasing your first house, you probably want to know how long do property transfers take? Depending on the terms and conditions of the Sale Agreement, the transfer process from acceptance of the Offer to Purchase, registration could take around 45-90 days, giving all goes well.

Working with a professional and experienced Conveyancer can help you avoid unnecessary delays, by making sure that all the paperwork is in place and that you are prepared for each step of the process. Do you need professional property advice? Contact Andre Germishuizen at andre@awdlaw.co.za to streamline your property transfer.

What factors can cause delays in the property transfer process?

As there are many parties involved in the property transfer process, (for example, SARS, Local authorities, Body Corporate, Home Owners Associations, the Banks, the Deeds Office, etc) a number of factors could cause the transfer to be delayed. Buyers may become impatient with lengthy turnaround times, however there is one positive aspect to this:

9 Factors That Could Affect The Timeline Of Your Property Transfer

Inaccurate or incomplete Deed of Sale

If the buyer, seller or real estate agent does not accurately or completely fill out the Deed of Sale, delays may result. Any errors in this document will require modifications since it is essential to any transfer the bond registration process.

Failure to get compliance certificates

Sellers often overlook getting the required Certificates that need to be done before transfer is passed. The transaction won’t be processed if these are not acquired. The seller must provide certain essential certificates, depending upon the nature of the transaction. These certificates must be provided to the Conveyancer prior to the registration of transfer at the Deeds Office.

Failure to give personal information or FICA documentation

The conveyancing attorney must FICA both the buyer and the seller as part of the transfer procedure. If either party fails to furnish the bond and transfer attorneys with the relevant personal information or FICA documents, delays may occur.

Delays in signing bond and transfer documents

The conveyancer should get signatures from both parties, in person or using Bank approved online document signing processes. If the buyer or seller doesn’t sign the pertinent bond and transfer documents as instructed by their conveyancer, it may result in additional delays.

Problems with the original title deed

The seller/Financial institution is required to give the transferring attorney a copy of the property’s original title deed. The original title deed can be at either of these two places: as security at a financial institution, or in your own possession, if your bond has been paid off. If the original is lost by you or the financial institution, it has to be replaced. This process is lengthy (± 3 weeks delay) as certain legal formalities need to be adhered to before replacement can occur.

Cash shortfall

Delays could occur owing to insufficient finances/funds on either the buyer’s or seller’s side for bond registration and transfer costs, or if the selling price is insufficient to settle an outstanding bond. Sometimes the buyer won’t be aware of all the costs involved resulting in delays.

Would you like to find out what your bond or transfer costs could amount to? Use our bond and transfer cost calculator for an estimate: https://awdlaw.co.za/bond-transfer-cost-calculator.

Failure to pay deposit or receive bond approval

If the buyer fails to pay the appropriate deposit amount or does not obtain bond approval, the transfer process may be delayed. Getting pre approved for finance can speed things up significantly, as bond originators can help iron out any red flags early to make the approval process much easier.

Delay in getting Transfer Duty receipt

The South African Revenue Service (SARS) is in charge of issuing certificates for the property’s transfer duty. Only after the transfer attorney has paid the duties and provided proof of payment can SARS move forward. SARS also verifies that both the seller and the buyer are in compliance with tax laws.

Bond cancellation delay

If the Seller still owes his bank money for the bond, it must be cancelled at the same time the transfer is passed to the buyer. In order to cancel an existing bond, the seller may choose to give the bond holder at least 90 days’ notice, which can result in a three-month wait.

How Long Do Property Transfers Take?

In conclusion, as a buyer it’s important to know how long do property transfers take, however you will never get an exact time frame. A crucial component of the transfer process is communication. As soon as a problem arises it must be brought to the Conveyancer’s attention so that it can be promptly addressed, to avoid delays. The property transfers procedure should go well if the Purchaser and Seller cooperate.

AWD Law Conveyancers offer dedication, speed, efficiency, professionalism and excellent communications as part of our conveyancing service. We partner with our clients and other property professionals involved in the conveyancing and property industry, like the estate agents, bond attorneys, bond originators and others. We might not have the answer to how long do property transfers take, but we have the expertise and team that will do its best to fast track the process.

Read more on our conveyancing areas of expertise

Kindly be advised that AWD Law does not enter into litigation on behalf of clients. Our conveyancers specialise exclusively in the development of vacant land, property transfers, bond registrations, administration of deceased estates and notarial practice. Should you require assistance with a litigation, kindly contact The Legal Practice Council.