Choosing the right transfer attorney (conveyancer) is crucial for a smooth property transfer in South Africa. This guide helps you select an experienced attorney who will protect your interests and ensure efficient transfer.
What is a Transfer Attorney?
A transfer attorney (also called a conveyancer or conveyancing attorney) is a specialized lawyer who handles the legal transfer of property ownership from seller to buyer. They are registered with the Law Society and the Deeds Office.
Key Responsibilities
- Prepare and lodge transfer documents at Deeds Office
- Calculate and pay transfer duty to SARS
- Obtain compliance certificates and rates clearances
- Register bond if buyer is financing
- Handle funds transfer on registration day
- Issue new title deed to buyer
Who Appoints the Transfer Attorney?
Traditionally, the seller appoints the transfer attorney, even though they're acting on behalf of both parties. However:
Important Rights
- Buyer's right: You can nominate your preferred attorney in the offer to purchase
- Seller's right: Final say on attorney selection (they pay conveyancing fees)
- Compromise: Often parties agree on a mutually acceptable attorney
- Bond attorney: Buyer chooses bond registration attorney (separate from transfer)
Essential Qualifications to Check
1. Proper Registration
Verify the attorney is registered with:
- Law Society of South Africa - Check membership status
- Provincial Law Society - Regional registration required
- Deeds Office - Must have lodging rights
2. Specialization in Conveyancing
Choose attorneys who specialize in property transfers, not general practitioners. Ask:
- How many transfers do you complete per month?
- What percentage of your practice is conveyancing? (Should be 70%+)
- Do you have dedicated conveyancing team?
3. Professional Indemnity Insurance
All attorneys must have professional indemnity insurance covering errors and negligence. Ask for proof of cover and confirm limits are adequate (minimum R5 million).
10 Questions to Ask Before Hiring
Critical Questions Checklist
- 1. How long have you been practicing conveyancing?
Look for 5+ years experience
- 2. How many transfers do you handle monthly?
20+ indicates established practice
- 3. What is your average transfer timeline?
Should be 8-12 weeks
- 4. What are your total fees including VAT and disbursements?
Get detailed breakdown upfront
- 5. Who will handle my transfer personally?
Partner, associate, or junior? Matters for experience
- 6. How do you communicate with clients?
Email, phone, SMS, online portal?
- 7. Do you handle bond registration too?
Package deals often save money
- 8. What happens if transfer is delayed?
Understand their process for resolving issues
- 9. Can you provide client references?
Speak to recent clients about their experience
- 10. Are you registered with Property24/Private Property?
These platforms vet attorneys
Understanding Transfer Attorney Fees
Standard Fee Structure 2025
Transfer attorney fees are regulated but attorneys can discount. Typical rates:
| Property Value | Est. Fee (excl VAT) |
|---|---|
| R500,000 | R10,000 - R12,000 |
| R1,000,000 | R15,000 - R18,000 |
| R2,000,000 | R20,000 - R25,000 |
| R5,000,000 | R35,000 - R45,000 |
*Add 15% VAT. Fees negotiable.
What's Included vs Extra
Typically Included:
- Document preparation and lodgment
- Deeds Office fees
- Transfer duty payment to SARS
- Basic communication and updates
Usually Extra:
- Rates clearance certificate (R300-R800)
- Compliance certificates (R500-R1,500 each)
- FICA compliance (R500-R1,000)
- Bond registration (separate fee structure)
- Postage and petties (R300-R600)
Red Flags to Watch For
Warning Signs - Avoid These Attorneys
- ❌ Not registered with Law Society - Illegal to practice
- ❌ Won't provide fee breakdown - Hidden costs likely
- ❌ Promises very fast transfers - Unrealistic (8-12 weeks is normal)
- ❌ No physical office - Operating from home is concerning
- ❌ Poor communication - Doesn't return calls/emails promptly
- ❌ Pressure to use specific bank - May have kickback arrangement
- ❌ Unusually low fees - May cut corners or add hidden charges
- ❌ Won't provide references - No satisfied clients to share
- ❌ No online presence - Hard to verify reputation
- ❌ Requests cash payments - Major red flag for fraud
Top Conveyancing Firms by Region
Johannesburg
- BBM Attorneys - Large volume, established
- CDH Conveyancing - Fast turnaround
- Schindlers Attorneys - Trusted name
Cape Town
- BDK Attorneys - Well established
- Stbb Attorneys - Good communication
- Property Transfer Solutions - Digital focus
Durban
- LG Loots Attorneys - Large practice
- Shepstone & Wylie - Heritage firm
- Moodie & Robertson - Competitive rates
*Always do your own due diligence - these are examples only
What to Expect During the Process
Initial Contact (Week 1)
- Attorney sends engagement letter and fee quote
- You provide ID, proof of residence, bank details
- FICA documents requested and verified
- Transfer costs calculated and communicated
Document Collection (Weeks 2-4)
- Attorney obtains title deed from seller
- Rates clearance certificate applied for
- Compliance certificates arranged
- Bond documents from buyer's bank (if applicable)
Document Preparation (Weeks 5-6)
- Transfer documents drafted
- Transfer duty calculated and paid to SARS
- Documents sent for signing (buyer and seller)
- All fees paid by parties
Lodgment & Registration (Weeks 7-12)
- Documents lodged at Deeds Office
- Deeds Office examination (2-4 weeks)
- Registration date confirmed
- Funds transfer and key handover
- New title deed issued to buyer
Communication is Key
What Good Communication Looks Like
- ✓ Weekly email updates on progress
- ✓ Responds to emails within 24-48 hours
- ✓ Proactive about potential delays
- ✓ Clear explanations of complex legal terms
- ✓ Online portal to track transfer progress
- ✓ Accessible by phone during business hours
- ✓ Sends copies of all important documents
When Things Go Wrong
Complaint Procedure
If you're unhappy with your attorney:
- First: Raise issue with attorney in writing
- Second: Escalate to senior partner or practice manager
- Third: Complain to Provincial Law Society
- Last resort: Legal Ombudsman or court action
Common Issues & Solutions
- Unreturned calls: Send formal email requesting update by specific date
- Unexpected fees: Reference original quote, request justification
- Missed deadlines: Ask for reasons and revised timeline in writing
- Lost documents: Serious issue - escalate immediately
Technology & Modern Conveyancing
Modern conveyancing firms offer digital advantages:
- Online portals: Track transfer progress 24/7
- E-signatures: Sign documents digitally from anywhere
- SMS updates: Instant notifications on important milestones
- Digital document storage: Access copies anytime
- Online payments: EFT payments tracked automatically
Frequently Asked Questions
Can I change attorney mid-transfer?
Yes, but it's complicated and expensive. The original attorney can charge for work done, and you'll lose time. Only change if there's serious misconduct. Better to choose carefully from the start.
Do I need separate attorneys for transfer and bond?
No - one attorney can handle both, often at a discounted "package" rate. This is more efficient and can save R2,000-R5,000. Ensure they're experienced in both.
Should I use the estate agent's recommended attorney?
Estate agents often have preferred attorneys they work with regularly. This can be fine, but always do your own due diligence. Check reviews, compare fees, and ensure they meet your needs. Don't feel obligated to use their suggestion.
Conclusion
Choosing the right transfer attorney is one of the most important decisions in your property transaction. Take time to research, compare options, ask questions, and check credentials. A good attorney makes the difference between a smooth transfer and months of stress.
Remember: cheapest isn't always best, but most expensive doesn't guarantee quality. Look for the right balance of experience, communication, and fair pricing.
💡 Pro Tip
Interview at least 3 attorneys before deciding. Ask the same questions to each and compare responses, fees, and your gut feeling about their professionalism. The right attorney should make you feel confident and informed, not confused or pressured.
