During the sale of a transaction, there needs to be an agreement between the buyer and seller as to who chooses the conveyancer. The transferring attorney is responsible for the following during a property sale transaction:

Receiving the deposit and placing it in an interest-bearing trust account for the benefit of the buyer.
Paying SA Revenue Service the transfer duty on behalf of the purchaser.
Paying the Estate Agent commission.
Ensuring that the rates and taxes are up-to-date for the benefit and on behalf of the buyer.
The estate agent must complete the deed of sale correctly to make sure that all the due dates can be met, including a practical time frame for the approval of a home loan, if required, and achieving the required target date of registration of transfer. It, therefore, comes down to the property and correct drafting of the sales agreement between the seller and the buyer.

If the deed of sale that controls the agreement between the seller and purchaser is correctly drafted, the conveyancer will have to abide by the due dates of completion and execution of such task. The transfer date and occupation date must be a predetermined date and the conveyancer must do all he can do to achieve registration within such period of time.


Section 20 of The Deeds Registries Act states that the owner himself (and not the purchaser) or the seller’s mandated agent, by means of a Power of Attorney to Transfer Ownership, must sign the Deed of Transfer.
The point is that the purchaser cannot take ownership: it can only be given by the owner. It is merely not possible for the purchaser to sign to divest ownership of the seller: only the seller or his legally mandated conveyancer can do this. This is likely the main reason why purchasers cannot sign a Power of Attorney to Transfer and why sellers want to choose their own conveyancer.

Article Courtesy – www.property24.com