A Conveyancer is an Attorney who has passed the national conveyancing examinations and has been admitted by the High Court of South Africa to practice as a Conveyancer. Only a qualified Conveyancer may lawfully prepare and lodge deeds and other documentation for registration with the Deeds Office.
Conveyancers are legal specialists in; the transfer of immovable property, the registration and cancellation of mortgage bonds and real rights and the drafting and lodging of deeds, notarial instruments, and sectional title documentation.
OUR CONVEYANCING & PROPERTY LAW SERVICES
At Ooni & Wadia Inc. we provide efficient, transparent, and technically sound conveyancing services to individuals, developers, investors, estates, and institutional clients. We manage the full legal process from offer to final registration, ensuring that each transaction is compliant, secure, and completed within practical timeframes. Our services include the following:
- Transfer of immovable property (residential, commercial, sectional title, and estate transfers)
- Drafting, vetting, and negotiation of Offer to Purchase and sale agreements
- Title deed analysis and Deeds Office reporting
- Property law due diligence and risk evaluations
- Independent valuations for legal or regulatory purposes
- Registration of sectional title schemes, subdivisions, and consolidations
- Registration of real rights (servitudes, usufructs, notarial bonds)
- Structuring of property developments and regulatory compliance
- Property-related dispute resolution and legal advisory
WHO WE SERVICE
At Ooni & Wadia Inc. we provide Conveyancing and Property Law services to:
- Private individuals purchasing or selling property
- Property developers, investors, and landlords
- Estate agents and bond originators
- Executors and heirs in deceased estates
- Trusts, companies, and institutional entities
COMMON TRANSACTIONS
At Ooni & Wadia Inc. we frequently deal with the following transactions:
- First-time buyer and seller transfers
- Property transfers within deceased estates
- Sectional title scheme registrations and amendments
- Developer and plot-and-plan transactions
- Cancellation and endorsement of mortgage bonds
- Rectification of title deed or survey errors
- Sales involving trusts or company-owned property
WHAT SETS OUR FIRM APART
Transaction Certainty - We ensure full legal compliance, identify risks early, and take proactive steps to prevent registration delays.
Multidisciplinary Insight - Our firm brings together property, estate, commercial, and regulatory expertise — providing clients with holistic legal advice.
Developer & Estate Experience - We have experience with high-volume property transfers, estate-related sales, and complex registration scenarios.
Integrated Communication - We liaise directly with estate agents, municipalities, bond originators, and banks to keep the process moving.
Modern Conveyancing Tools - We use up-to-date software platforms to manage documentation, accuracy, and real-time tracking of client files.
Transparent Fee Structures - Our clients receive detailed cost estimates upfront, with clear explanations of disbursements and no hidden fees.
FREQUENTLY ASKED QUESTIONS? (FAQ's)
Our conveyancing team handles the full spectrum of property transactions, including sales, transfers, bond registrations, and subdivisions. We ensure legal compliance and efficient processing through the Deeds Office and local municipalities.
Q: What is conveyancing?
A: Conveyancing is the legal procedure involved in the transfer of immovable property from one party to another. It includes preparing deeds, obtaining certificates, and ensuring the registration of the transaction in the Deeds Office. Only qualified attorneys admitted as conveyancers may carry out this process, as per the Deeds Registries Act 47 of 1937.
Q: What documents are required to transfer property?
A: Typically, these include the signed offer to purchase, original title deed, identity documents, municipal rates clearance certificate, SARS transfer duty receipt, and bond cancellation documents (if applicable).
Q: What is a Title Deed?
A: A Title Deed is a legal document proving ownership of a property. It includes details of the property, owner, and any registered encumbrances. It is lodged at the Deeds Office for safe recordkeeping.
Q: Who pays transfer costs?
A: Generally, the purchaser is liable for paying transfer duty (if applicable), conveyancer’s fees (regulated by tariff), and Deeds Office charges. The seller pays for compliance certificates and bond cancellation.
Q: What is transfer duty and when is it payable?
A: Transfer duty is a tax levied by SARS on property purchases above R1 210 000.00 (as of 2025), governed by the Transfer Duty Act 40 of 1949. It must be paid within six months from the date of transaction to avoid penalties.
Q: What causes delays in property transfer?
A: Delays may result from missing compliance certificates (electrical, gas), unresolved municipal accounts, financing issues, delayed payments or delays from SARS.
Q: When is a rates clearance certificate required?
A: Before a transfer can be registered, the municipality must issue a certificate confirming all rates and taxes are fully paid for up to approximately 120 days in advance (subject to each municipality), as per Section 118 of the Municipal Systems Act.
Q: How is the seller paid?
A: Once the property is registered at the Deeds Office, the conveyancer pays the seller from the proceeds held in trust, after settling rates, bond cancellation fees, and agent commissions.
Q: Can foreigners buy property in South Africa?
A: Yes. Foreign nationals may acquire property subject to Financial Surveillance Department (FSD) approval and anti-money laundering regulations. Transactions must comply with the Currency and Exchange Manual of SARB.
Q: What happens if a dispute arises after transfer?
A: Disputes are usually addressed in the sale agreement’s dispute resolution clause. Legal remedies may include mediation, arbitration, or litigation depending on the issue.
