What are some common reasons for delays in the property transfer process in South Africa involving both buyers and sellers?

Author
MyProperty
South Africa's #1 independent property portal

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.

Property questions?
Get quick answers about buying, selling, renting, and more from our AI powered real estate bot
Legal Property News
What happens to your home loan when the unforeseen happens?
Legal
What happens to your home loan when the unforeseen happens?
31 Oct 2024
Unforeseen life events like divorce, the death of a loved one, financial challenges, or a new partnership can turn even the most stable home loan into a stressful situation. Navigating a home loan under these conditions can be challenging, but understanding your options can help you make informed decisions and avoid unnecessary financial strain.
read more
Maximising tax deductions on rental properties: A guide for landlords
Legal
Maximising tax deductions on rental properties: A guide for landlords
16 Oct 2024
Renting out your property can be a rewarding way to generate extra income, but did you know it also comes with tax obligations? As a landlord in South Africa, you're required to report your rental income to SARS, which can eat into your profits. Fortunately, there are smart ways to reduce your tax liability and keep more of what you earn.
read more
How different marriage contracts affect homeownership in South Africa
Legal
How different marriage contracts affect homeownership in South Africa
14 Oct 2024
Purchasing a home as a married couple is an exciting milestone, but it's essential to take a long-term approach when considering real estate investments. It's important for couples to fully understand how their marriage contract will impact their shared homeownership, as the terms of the contract can influence their rights, responsibilities, and financial outcomes.
read more
Conveyancing fees: What are you paying for?
Legal
Conveyancing fees: What are you paying for?
30 Sep 2024
When you're buying or selling a property, you're likely to encounter various costs and fees in addition to the purchase price. One of these expenses is conveyancing fees, which are essential to every property transaction. But what exactly do conveyancers do, and why are their services so important for both buyers and sellers? 
read more
Real Estate Tools
Get pre-qualified
Make offers with confidence knowing what you can afford. Then shop for the best home loan
Bond Calculator
Calculate the estimated repayments on a home loan and savings with extra payments