Lake Properties Lake Properties
Let’s break it down more thoroughly so you can see exactly why not delaying in giving your documents to the conveyancing lawyer is critical once you’ve bought a property in South Africa.
Why this step is so important
When you sign an Offer to Purchase (OTP), you’ve committed to a legally binding agreement. From that moment, the clock starts ticking on a series of deadlines. The conveyancer can’t move forward without the required paperwork — meaning your own delay could stall the entire transfer process and even cost you money.
Consequences of delaying documents
1. Slows down the property transfer
- In South Africa, the average transfer takes 8–12 weeks.
- Missing or late documents can easily add 2–4 extra weeks.
- This can frustrate the seller and potentially strain the relationship.
2. Jeopardises your contract timelines
- Many OTPs have strict clauses such as:
“Transfer to be registered within 90 days of bond approval”. - If the timeline isn’t met and it’s your fault, you could be in breach of contract.
3. Financial penalties
- Occupational rent – If the seller is still in the property but registration is delayed, you may have to pay them rent for the extra time.
- Bond interest – Your bank may start charging interest earlier if the bond is registered late.
- Penalty interest – If the seller is settling a bond, a delay could cost them penalty interest — and they may pass that cost on to you.
4. Administrative knock-on delays
- The conveyancer works with:
- Your bank’s bond attorney
- The seller’s attorney
- The Deeds Office
- A delay on your side means everyone else is waiting, creating a chain reaction that holds up the deal.
5. Legal and compliance issues
- FICA (Financial Intelligence Centre Act) requires your ID, proof of address, and other documents to be verified before the transfer can proceed.
- If your paperwork is outdated or incomplete, the deeds office may reject the registration. This forces the lawyer to fix and resubmit, which means starting certain steps again.
Documents you’ll likely need to submit quickly
Here’s what buyers in South Africa usually have to give the conveyancer without delay:
- Certified copy of your ID or passport
- Proof of address (less than 3 months old)
- Income tax number (and sometimes SARS compliance status)
- Marriage certificate or antenuptial contract (if applicable)
- Divorce order or death certificate (if applicable)
- Proof of bank details for payments
- Signed power of attorney (so the lawyer can sign certain docs on your behalf at the deeds office)
✅ Golden rule: The faster you provide these, the smoother and cheaper your transfer will be.
Delay them, and you’re essentially stepping on your own toes — and possibly your wallet.
No comments:
Post a Comment