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Property is a major asset and the Buyer, Seller and Estate Agent all have important roles to play. They also have very different and potentially conflicting interests to consider when concluding a sale. So it makes good sense for Buyers to consult their own Property Attorney/ Conveyancer before signing any Offer to Purchase which once signed by the Seller becomes the binding Sale Agreement.

PARKIN ATTORNEYS property law specialists in Cape Town advise  Buyers on the following steps necessary to achieve a successful purchase and transfer of property:

  1. Appointment of Estate Agents – from 30 years of market-place experience, we know and can introduce you to the most reputable and successful estate agents in the area of your choice.
  2. Automated Property Valuations before Sale – once a Buyer has identified a prospective property to purchase, we can provide the Buyer with an automated property valuation of such property giving the high, low and estimated purchase price for the property based on recent sales of properties in the area.
  3. Protective Clauses in the Sale Agreement – we can fine-tune the Sale Agreement to protect your interests as the Buyer, and can also advise you on the following: transfer procedure, costs, mortgage bond finance, protection against patent and latent defects, electrical and beetle certificates, capital gains tax, non-residents funding of the purchase price, and finally we can advise you on the various options and implications of property ownership by a natural person, a Trust, a  Close Corporation, or a Company.
  4. Supervision of Property Transfer to a Buyer – The South African Land Registration System is universally regarded as one of the best in the world and its title deeds guarantee integrity of ownership and security of title.

However to be successful the process needs to start with the Buyer consulting a Property Attorney. The benefits of doing so make sound business sense. Put into cost perspective, if one purchases a property for say R4 million, the respective guideline costs (excl vat) would be as follows: Payable by the Seller – R220 000 Commission at 5.5% to the Estate Agent; Payable by Purchaser – R277 500 Transfer Duty to SA Revenue Services, and R31 950 to the Sellers Conveyancers.  So the comparatively small additional consultation fee with a Property Attorney at the outset, is a small price for a Buyer to pay to ensure successful purchase of a major asset.

Your property questions can be answered by clicking  CONTACT US.