The property transfer process in South Africa can be delayed due to various factors involving both the buyer and the seller. Some typical delays include:
1. Incomplete or inaccurate Deed of Sale: Delays can occur if the Deed of Sale is not fully or accurately completed by the buyer, seller, or real estate agent. This document is crucial for the bond application process, and any issues with it will necessitate amendments and reapplication.
2. Failure to provide personal information or FICA documents: Delays can happen if either party does not provide the necessary personal information or FICA documents to the bond and transferring attorneys in a timely manner.
3. Delay in signing bond and transfer documents: If the buyer or seller does not sign the relevant bond and transfer documents as requested by their attorneys, it can cause further delays.
4. Issues with the original title deed: The seller must provide the transferring attorney with the original title deed of the property being sold. If the title deed is lost or destroyed, obtaining a duplicate from the Deeds Office can take up to three weeks.
5. Cash shortfall: Delays can occur due to insufficient funds on the buyer's side for bond registration and transfer costs or on the seller's side if the selling price is not enough to settle an outstanding bond.
6. Failure to pay deposit or obtain bond approval: The transfer process can be delayed if the buyer fails to pay the required deposit amount or does not obtain bond approval.
7. Delay in obtaining Transfer Duty receipt: The buyer must pay the transfer costs to the conveyancing attorneys to obtain the Transfer Duty receipt, which is necessary for the conveyancer to lodge a transaction for registration.
8. Delay in bond cancellation: The seller needs to give the bondholder at least 90 days' notice to cancel their existing bond, which can cause a 3-month delay.
9. Careful coordination and full cooperation from all parties involved are essential for a smooth property transfer process. Having a property law attorney present from the start can help avoid many of these hurdles.