Who chooses a Conveyancer and why?

In property sale agreements, the seller has the right to nominate the conveyancing attorney who will attend to the registration of the transaction in the deeds office.

Sellers, however, often take little interest in who is appointed as conveyancer because the purchaser pays the conveyancer’s fee. However, even though the purchaser is responsible for the transaction costs, the prerogative to nominate the conveyancer rests with the seller to ensure that the process is driven by the party who has the least interest in delaying the transfer. A late transfer costs a seller money in lost interest. Furthermore, if the transfer of the property sold was intended to occur simultaneously with the property which the seller has purchased, delays can also cause much anxiety and embarrassment.

Clearly, it is not only advantageous but crucial that the seller exercises discretion when appointing a conveyancer. Ask yourself: Is the conveyancer known and from an established firm? Does the conveyancer have adequate experience? Is the conveyancer prepared to assist with the sales transaction prior to the conclusion thereof? Does the firm have a soundtrack record?

Contact our professionals at 041 363 6044 or info@kaplans.co.za for sound legal advice.

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