Page 52 - Nexia SAB&T Property & Tax Guide 2022
P. 52

SALE OF PROPERTY TIMELINE


       While the transfer process follows a series of successive stages, the time period involved varies
       considerably. Here are some guidelines:
       ◆   Cash transactions may take 6 to 8 weeks.
       ◆   In normal circumstances, from date of approval of conditions, approx 2 months.
       ◆   There will be a 4 –6 week delay in the event that an application for a lost or destroyed
          Deed or Bond is required, including an additional expense in regard to the advertising
          requirement relating thereto.

        Purchaser and Seller sign agreement          Stage 1
        ◆   Seller to advise bank of intention to cancel bond to avoid 90 day cancellation penalty  Stage 2
        ◆   Bond approved
        ◆   Fulfillment of other suspensive conditions
        ◆   Deposit paid
        ◆   Transferring, bond and cancellation attorneys instructed
        ◆   Parties to provide FICA documentation and copy of rates account
        ◆   Transfer attorney requests title deeds and cancellation figures from the bank, and prepares
          transfer documents for signature by parties
        ◆   Bond attorney advises transfer attorney of amount available for guarantees
        ◆   Purchaser pays transfer costs            Stage 3
        ◆   Rates clearance and valuation certificates applied for (seller pays rates and utilities to
          transferring attorney).
        ◆   Transfer attorney receives title deed and cancellation figures from cancellation attorneys and
          sends draft deed to bond attorney
        ◆   Bond documents prepared once draft deed received
        ◆   Cancellation attorney is requested to cancel seller’s bond on receipt of guarantees from the new
          bond attorney, or purchaser’s bankers
        ◆   Purchaser signs bond documents and pays bond registration costs
        ◆   Purchaser signs transfer documents
        ◆   Seller signs transfer documents
        ◆   Electrical, beetle, gas and electric fence certificates arranged (and plumbing, where appropriate)
        ◆   Electrical certificate required by bond attorneys
        ◆   Transfer attorney pays rates/levies and transfer duty to SARS (electronically)   Stage 4
        ◆   Bond attorneys send guarantees to the transfer or cancellation attorneys
        ◆   Transfer attorney obtains consent from the bondholder to cancel the seller’s bond
        ◆   Documents lodged at Deeds Office
        ◆   Documents are checked in the Deeds Office (+10 days, regulation: 7 days – dependent on
          closures of the Deeds Office due to Covid-19)
        ◆   Purchaser must pay the balance of the purchase price to transfer attorney before lodgement, or
          when called for in terms of the agreement
        ON REGISTRATION:
        ◆   Financial institution’s attorneys have bond amount available
        ◆   Property registered in purchaser’s name. Seller’s bond cancelled. Purchaser’s bond registered
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