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Transfer and Development Centre
In the Transfer and Development Centre, we specialise in property transfers and developments. We invite you to refer your conveyancing work to our dedicated team of professionals and support staff.
Our services:
Conventional and Sectional Property Transfers
Townships Establishments
Registration of Sectional Title Schemes, and various other Sectional Title developments.
Property Subdivisions and Consolidations
Drafting and Registration of Antenuptial and Postnuptial Contracts
Drafting and Registration of Servitudes, and other Notarial services
Property due diligence
Deceased Estate Inheritance and Property Sale Transfers
Drafting and Registration of Personal Servitudes
Meet our committed professionals who are ready to assist you.
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#AgentsBeware
It is vital to check the current bond registered over the seller’s property to make sure which amount is still payable to the bank. Add a couple of months’ interest to this amount.If not, the property will be marketed and sold for an amount that is not enough to cover the bond cancellation figures, the estate agent’s commission and any other expense that may have to be deducted on behalf of the Seller from the purchase price.
It is important to request a copy of the latest rates and levies statement from the Seller to see if there are any arrear amounts payable on the accounts.The consequence of not doing this is that the figures received by the Transfer Attorneys might be so high that they cannot be covered by the balance purchase price of the Seller and the Seller will have to pay in on the transaction.
All oral discussions or arrangements between the parties such as repairs to be done, and gate remotes in working condition, must be included in the written Deed of Sale.The consequence of not doing this will lead to the Transferring Attorney not being aware of certain arrangements that must be attended to before registration and cause unnecessary disputes during or after the registration process that must be sorted out between the parties.
If tenants are occupying a property, it must be indicated in the Deed of Sale and must indicate whether the tenants should be provided with a notice to vacate the premises or whether the lease agreement will be carried over to the Purchaser. Not adhering to this entails that the Transfer Attorneys will not know about the tenant and will not be able to confirm that the necessary notice was given.
Estate agents must make sure that time frames for compliance with the agreement, such as obtaining bond finance, occupation, selling of current property or due diligence periods, are indicated and correspond with each other.The consequences of not having clearly stated dates and time frames are that it will make the enforcement of the Deed of Sale difficult for all parties and will cause unnecessary addendums to have to be drafted.
Deeds of Sale must be signed in wet ink and not electronically, as current legislation does not permit electronic signatures for Deeds of Sale.The consequence of electronic signing may render the agreement invalid, and banks may not always accept electronically signed agreements. This can lead to unnecessary delays in the transfer process.
It is important to include the contact details of the Body Corporate and/or Homeowners Association in the Deed of Sale, as it will assist the Transfer Attorneys in fast-tracking the process of obtaining the necessary figures and certificates for lodgement.The consequence of not stating the contact details can cause delays in the transfer process, as this information must then first be obtained from the Seller.
#AgentsBeware
It is vital to check the current bond registered over the seller’s property to make sure which amount is still payable to the bank. Add a couple of months’ interest to this amount.If not, the property will be marketed and sold for an amount that is not enough to cover the bond cancellation figures, the estate agent’s commission and any other expense that may have to be deducted on behalf of the Seller from the purchase price.
It is important to request a copy of the latest rates and levies statement from the Seller to see if there are any arrear amounts payable on the accounts.The consequence of not doing this is that the figures received by the Transfer Attorneys might be so high that they cannot be covered by the balance purchase price of the Seller and the Seller will have to pay in on the transaction.
All oral discussions or arrangements between the parties such as repairs to be done, and gate remotes in working condition, must be included in the written Deed of Sale.The consequence of not doing this will lead to the Transferring Attorney not being aware of certain arrangements that must be attended to before registration and cause unnecessary disputes during or after the registration process that must be sorted out between the parties.
If tenants are occupying a property, it must be indicated in the Deed of Sale and must indicate whether the tenants should be provided with a notice to vacate the premises or whether the lease agreement will be carried over to the Purchaser. Not adhering to this entails that the Transfer Attorneys will not know about the tenant and will not be able to confirm that the necessary notice was given.
Estate agents must make sure that time frames for compliance with the agreement, such as obtaining bond finance, occupation, selling of current property or due diligence periods, are indicated and correspond with each other.The consequences of not having clearly stated dates and time frames are that it will make the enforcement of the Deed of Sale difficult for all parties and will cause unnecessary addendums to have to be drafted.
Deeds of Sale must be signed in wet ink and not electronically, as current legislation does not permit electronic signatures for Deeds of Sale.The consequence of electronic signing may render the agreement invalid, and banks may not always accept electronically signed agreements. This can lead to unnecessary delays in the transfer process.
It is important to include the contact details of the Body Corporate and/or Homeowners Association in the Deed of Sale, as it will assist the Transfer Attorneys in fast-tracking the process of obtaining the necessary figures and certificates for lodgement.The consequence of not stating the contact details can cause delays in the transfer process, as this information must then first be obtained from the Seller.
Transfer and Development Centre team
Transfer and Development Centre team
Douglas Henney
Director, Head of Property Practice Group
Douglas is one of the founding members of Phatshoane Henney Inc (now known as PH Attorneys), where he holds the
...
position of director and Head of the Property Practice Group and heads up the Practice Group’s Cape Town office.
show more
Bloemfontein
Cape Town
douglas@phinc.co.za
+27 21 830 5313
+27 82 577 4041
VIEW EXPERT
Natalie Steenkamp
Director
Natalie Steenkamp is a seasoned Director in the Property Practice Group, specialising in property transfers and registrations. With a wealth
...
of experience in the field, Natalie's expertise lies in facilitating smooth and efficient property transactions.
show more
Bloemfontein
natalies@phinc.co.za
+27 51 400 4126
+27 51 400 4123
+27 78 151 1493
VIEW EXPERT
Corlia van Zyl
Director
Corlia is the Director and Head of the Transfer and Development Centre in the Property Practice Group. With a strong
...
focus on property transfers and registrations, her expertise shines through. She possesses a distinct passion for the intricate world of township and sectional title scheme registration, as well as property subdivisions and consolidations.
show more
Bloemfontein
corlia@phinc.co.za
+27 51 400 4102
+27 84 870 0127
VIEW EXPERT
Libo van Aswegen
Director
Libo is a Director in the Property Practice Group who specialises in property transfers while engaging with Estate Agents and
...
assisting Correspondent Attorneys in all aspects of conveyancing - from registration of townships, sectional title schemes, to property subdivisions and consolidations .
show more
Bloemfontein
libo@phinc.co.za
+27 51 400 4109
+27 51 400 4123
+27 82 371 8307
VIEW EXPERT
Deonay Scholtz
Associate
Deonay is an Associate in the Property Practice Group specialising in property transfers, servitudes, township establishments, property subdivisions and consolidations,
...
antenuptial contracts and sectional title schemes.
show more
Bloemfontein
deonay@phinc.co.za
+27 51 400 4165
+27 51 400 4141
+27 84 307 2756
VIEW EXPERT
Nathan Christians
Candidate Legal Practitioner
Nathan is a second-year Candidate legal practitioner in our Property Practice Group where he strives assist his clients to the
...
best of his abilities. Nathan obtained his LLB and LL.M specialisation in Private Law degrees at the University of the Free State.
show more
Bloemfontein
nathan@phinc.co.za
+27 51 400 4154
+27 68 426 3477
VIEW EXPERT
Douglas Henney
Director, Head of Property Practice Group
Douglas is one of the founding members of Phatshoane Henney Inc (now known as PH Attorneys), where he holds the
...
position of director and Head of the Property Practice Group and heads up the Practice Group’s Cape Town office.
show more
Bloemfontein
Cape Town
douglas@phinc.co.za
+27 21 830 5313
+27 82 577 4041
VIEW EXPERT
Natalie Steenkamp
Director
Natalie Steenkamp is a seasoned Director in the Property Practice Group, specialising in property transfers and registrations. With a wealth
...
of experience in the field, Natalie's expertise lies in facilitating smooth and efficient property transactions.
show more
Bloemfontein
natalies@phinc.co.za
+27 51 400 4126
+27 51 400 4123
+27 78 151 1493
VIEW EXPERT
Corlia van Zyl
Director
Corlia is the Director and Head of the Transfer and Development Centre in the Property Practice Group. With a strong
...
focus on property transfers and registrations, her expertise shines through. She possesses a distinct passion for the intricate world of township and sectional title scheme registration, as well as property subdivisions and consolidations.
show more
Bloemfontein
corlia@phinc.co.za
+27 51 400 4102
+27 84 870 0127
VIEW EXPERT
Libo van Aswegen
Director
Libo is a Director in the Property Practice Group who specialises in property transfers while engaging with Estate Agents and
...
assisting Correspondent Attorneys in all aspects of conveyancing - from registration of townships, sectional title schemes, to property subdivisions and consolidations .
show more
Bloemfontein
libo@phinc.co.za
+27 51 400 4109
+27 51 400 4123
+27 82 371 8307
VIEW EXPERT
Deonay Scholtz
Associate
Deonay is an Associate in the Property Practice Group specialising in property transfers, servitudes, township establishments, property subdivisions and consolidations,
...
antenuptial contracts and sectional title schemes.
show more
Bloemfontein
deonay@phinc.co.za
+27 51 400 4165
+27 51 400 4141
+27 84 307 2756
VIEW EXPERT
Nathan Christians
Candidate Legal Practitioner
Nathan is a second-year Candidate legal practitioner in our Property Practice Group where he strives assist his clients to the
...
best of his abilities. Nathan obtained his LLB and LL.M specialisation in Private Law degrees at the University of the Free State.
show more
Bloemfontein
nathan@phinc.co.za
+27 51 400 4154
+27 68 426 3477
VIEW EXPERT
Latest Property Insights
Must a sectional title scheme developer also pay levies?
21 November 2023,
Corlia van Zyl
Uncover the financial responsibilities of sectional title scheme developers—do they need to contribute to levies, or not?
READ MORE
989
Article
The practicalities of a sectional title scheme
21 November 2023,
Deonay Scholtz
Uncover the potential of investing in sectional title development with insights on the increasing popularity of such schemes, and gain
...
practical guidance on the process from acquisition to individual unit transfers.
show more
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Right-of-way servitude and how to register it?
21 November 2023,
Carl Kellerman
Exploring the practical importance of registering a right-of-way servitude, the definition, creation, and the considerations surrounding its lapse or cancellation.
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Can Sectional Owners install Solar Panels at their Unit in a Sectional Title Scheme?
21 November 2023,
Carl Kellerman
In response to severe power cuts in South Africa, sectional owners are exploring alternative and renewable power solutions to mitigate
...
the impact of loadshedding, prompting questions about the legalities and requirements for installing solar panels at sectional units.
show more
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839
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Navigating the boundaries of ancestral practices in a sectional title scheme
21 November 2023,
Corlia van Zyl
Delving into the complexities of communal living within a sectional title scheme, and the concerns and legalities surrounding a neighbour's
...
proposal to hold a sacrificial slaughter as an offering to ancestral spirits.
show more
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Real estate in a deceased estate – what are the options?
06 November 2023,
Natalie Steenkamp
Dealing with real estate in a deceased estate can be a complex and emotionally challenging process for heirs. In such
...
a situation, understanding the available options, addressing cash shortfalls, and resolving disputes are essential steps in the administration of the deceased’s assets. In this article we shed light on these crucial aspects and provide guidance to heirs on facing these challenges.
show more
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709
Article
Beware of the VAT pitfall in your sale of property agreement
23 October 2023,
Deonay Scholtz
An item that is often overlooked when buying or selling property is the issue of VAT and whether such is
...
payable and by whom. Property sale agreements generally stipulate how this should be dealt with, but just as often, agreements can be silent on the issue of VAT. So, what then is the correct position?
show more
READ MORE
5742
Article
Buying property as cohabiting partners
26 July 2023
Buying or selling property is a significant step in any individual's life, but when it comes to cohabiting partners, the
...
process can be even more complex. Cohabitation, where an unmarried couple lives together, brings its own unique set of considerations when it comes to property transactions. In this article, we will discuss the essential aspects that cohabiting partners should consider when buying or selling property together.
show more
READ MORE
2100
Article
Can a body corporate reveal the criminal record of an employee to owners?
27 June 2023,
Corlia van Zyl
Can the body corporate of a section title reveal to owners that an employee has a criminal record for a
...
serious crime? This is a question we receive more often than would be expected from body corporates. So, what is the answer, can they, or can’t they reveal this information?
show more
READ MORE
780
Article
Must a sectional title scheme developer also pay levies?
21 November 2023,
Corlia van Zyl
Uncover the financial responsibilities of sectional title scheme developers—do they need to contribute to levies, or not?
READ MORE
989
Article
The practicalities of a sectional title scheme
21 November 2023,
Deonay Scholtz
Uncover the potential of investing in sectional title development with insights on the increasing popularity of such schemes, and gain
...
practical guidance on the process from acquisition to individual unit transfers.
show more
READ MORE
505
Article
Right-of-way servitude and how to register it?
21 November 2023,
Carl Kellerman
Exploring the practical importance of registering a right-of-way servitude, the definition, creation, and the considerations surrounding its lapse or cancellation.
READ MORE
972
Article
Can Sectional Owners install Solar Panels at their Unit in a Sectional Title Scheme?
21 November 2023,
Carl Kellerman
In response to severe power cuts in South Africa, sectional owners are exploring alternative and renewable power solutions to mitigate
...
the impact of loadshedding, prompting questions about the legalities and requirements for installing solar panels at sectional units.
show more
READ MORE
839
Article
Navigating the boundaries of ancestral practices in a sectional title scheme
21 November 2023,
Corlia van Zyl
Delving into the complexities of communal living within a sectional title scheme, and the concerns and legalities surrounding a neighbour's
...
proposal to hold a sacrificial slaughter as an offering to ancestral spirits.
show more
READ MORE
867
Article
Real estate in a deceased estate – what are the options?
06 November 2023,
Natalie Steenkamp
Dealing with real estate in a deceased estate can be a complex and emotionally challenging process for heirs. In such
...
a situation, understanding the available options, addressing cash shortfalls, and resolving disputes are essential steps in the administration of the deceased’s assets. In this article we shed light on these crucial aspects and provide guidance to heirs on facing these challenges.
show more
READ MORE
709
Article
Beware of the VAT pitfall in your sale of property agreement
23 October 2023,
Deonay Scholtz
An item that is often overlooked when buying or selling property is the issue of VAT and whether such is
...
payable and by whom. Property sale agreements generally stipulate how this should be dealt with, but just as often, agreements can be silent on the issue of VAT. So, what then is the correct position?
show more
READ MORE
5742
Article
Buying property as cohabiting partners
26 July 2023
Buying or selling property is a significant step in any individual's life, but when it comes to cohabiting partners, the
...
process can be even more complex. Cohabitation, where an unmarried couple lives together, brings its own unique set of considerations when it comes to property transactions. In this article, we will discuss the essential aspects that cohabiting partners should consider when buying or selling property together.
show more
READ MORE
2100
Article
Can a body corporate reveal the criminal record of an employee to owners?
27 June 2023,
Corlia van Zyl
Can the body corporate of a section title reveal to owners that an employee has a criminal record for a
...
serious crime? This is a question we receive more often than would be expected from body corporates. So, what is the answer, can they, or can’t they reveal this information?
show more
READ MORE
780
Article
Estate agents and their obligations under the new Anti-money Laundering Amendment Act
29 May 2023,
Cleopatra Mukhari
Closely related to the recent greylisting of South Africa is the passing late in 2022 of the new General Laws
...
Anti-Money Laundering and Combating Terrorism Financing Amendment Act, 22 of 2022 (“Amendment Act”). The Amendment Act introduces several key changes to areas of law affecting trusts, companies and non-profit organisations in an attempt to tighter regulate these entities seen as prevalent to abuse for illicit criminal activities. Importantly for estate agents, changes have also been introduced to the Financial Intelligence Centre Act 38 of 2001 which affects all estate agents as Accountable Institutions. In this article we take a quick look at some of the main Amendment Act changes estate agents must take note of.
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Contact Us
+27 51 400 4000
law@phinc.co.za
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